06.07.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

The appellant/complainant has preferred this appeal being aggrieved by the Order dt.05.01.2023 passed in CC.No.412/2019 on the file of District Consumer Disputes Redressal Commission, Mysore for modification of the Order passed by the District Commission for enhancement of the interest and compensation.

2.        The office has noted that there is a delay of 124 days in preferring the appeal and appellant sworn affidavit that after obtained the certified copy of the impugned order, he took some time to take advise from his advocate and he instructed to prefer an appeal seeking modification of the impugned order.  Later he took further time to appoint advocate at Bangalore and also to get certified copies of the impugned order.  Subsequently, due to viral fever, the doctor advised to take rest, hence, he could not meet his advocate.  As he is aged around 70 years, he requires assistance from others in order to travel and collect documents and submits that the reasons assigned are not intentional, but, for genuine reasons and prayed to condone the delay in filing the appeal.

3.        On perusal of the affidavit sworn by the appellant, the grounds urged for non-filing of the appeal well within time is not satisfactory and not produced any documents to show that he suffered illness.  If at all the appellant decides to prefer an appeal, he shall file an appeal within 45 days as contemplated in the Consumer Protection Act.  The reasons assigned in the affidavit are not satisfactory and the delay is fatal to the appeal.  In view of the decision rendered by the Hon’ble National Consumer Disputes Redressal Commission reported in 2018(2) CPR 507 (NC) the matter between M/s TDI Infrastructure Ltd., v/s Kulvinder Singh Bahl, the appeal can be dismissed on the point of delay alone.  Accordingly, the appeal deserves to be dismissed on the point of enormous delay. Hence, the following;

ORDER

The appeal is hereby dismissed at the stage of admission.

Forward free copies to both parties.

           Sd/-                                                     Sd/-

(Sunita .C. Bagewadi)                         (Ravishankar)       

Member                                 Judicial Member

KCS*