Per Hon’ble Mr.Narendra Kawde, Member
Delay condonation applications in both the cases have been filed separately by the applicant/complainant seeking condonation of delay of 11 days in filing both the consumer complaints, occurred from the date of final date of appearance before this Commission as directed by the Hon’ble National Commission in consumer complaint nos.174/2011 and 175/2011. The complainant filed consumer complaints bearing nos. 174/2011 and 175/2011 before the Hon’ble National Commission. Hon’ble National Commission passed an order on 22/09/2011 directing the complainant to present the complaints within a period of 30 days from the date of order i.e.22/09/2011. The delay computed by the complainant from the final date of appearance before this Commission as directed by the Hon’ble National Commission works out to 11 days. Delay of 11 days sought to be condoned has been explained in para 3 & 4 of respective delay condonation applications, which obviously not reckoned from the date of occurrence of the incidence i.e. date of arising cause of action as defined u/sec.24-A of the Consumer Protection Act, 1986. There is already delay in filing the consumer complaints before appropriate Consumer Fora, precisely of more than 5 years as the claim pertains to alleged deficiency against the opponents.
On specific query to the Ld.Advocate of the complainant about reckoning of the delay from the date of occurrence of the cause of action, the convincing explanation could not come forward.
Ld.Advocate Mr.Prabhawalkar opposed the delay condonation applications stating that the State Commission is not empowered to condone the delay in this order passed by the Hon’ble National Commission. He relied upon the provisions of section 24-A of the Consumer Protection Act, 1986.
Delay condonation applications filed in both the consumer complaints cannot be construed as delay, as the date of occurrence of the cause of action (in these cases delay in filing the complaints within the time limit granted by Hon’ble National Commission is presumed as cause of action by Court), obviously does not fall under the purview of section 24-A of the Consumer Protection Act, 1986. Therefore, the delay condonation applications are misconceived as from the final date of time limit granted by the Hon’ble National Commission to appear before this Commission cannot be considered and construed as a delay for condonation. Court can take appropriate steps to file complaints in accordance with the provisions of Consumer Protection Act, 1986. Such misconceived applications seeking delay condonation cannot be entertained and, therefore, both the delay condonation applications deserve to be dismissed. We hold accordingly and pass the following order:-
ORDER
Misc.application nos.MA/11/533 & MA/11/534 for condonation of delay stand dismissed. Consequently, consumer complaints bearing nos.CC/11/299 & CC/11/300 do not survive for our consideration.
Pronounced on 30th April, 2013.
