Rajasthan

StateCommission

A/737/2019

Rajasthan Hitech Agri Products - Complainant(s)

Versus

Murari Lal - Opp.Party(s)

Ajay Raj Tantia

17 Feb 2020

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 737/2019

 

M/s. Rajasthan Hitech Agri Product Co. Plot No. 4/25 Sukhadia Shopping Cendre, Distt. Sriganganagar, Raj.

Vs.

Murarilal s/o Lakshminarayan r/o village Kathuwas, Tehsil Behror Distt. Alwar & ors.

 

 

Date of Order 17.2.2020

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mrs. Meena Mehta -Member

 

Mr.A.R.Tantia counsel for the appellant

Mr.R.B.Sharma counsel for respondent no.1

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

2

 

This appeal is filed against the order of the learned District Forum, Alwar dated 12.6.2013. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of more than six years.

 

The contention of the appellant is that his case is strong on merit. On the same facts the National Commission has ordered in Revision Petition No. 2515/2014 Urmila Vs. Rajasthan Hitech Agri Product Co.

 

Per contra the contention of the respondent is that appeal is filed with extra ordinary delay without any reason. Hence, cannot be entertained.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

The complaint was filed in 2012. Appellants were served and inspite of the opportunity no reply has been filed before the Forum below. Hence, the proceedings were in the knowledge of the appellant from the beginning but in application u/s.5 of the Limitation Act it has been contended

3

 

that order was made known to them only on 24.6.2019 which is totally false. No reason has been assigned for the extra ordinary delay of six years.

 

In view of the above, application u/s 5 of the Limitation Act deserves to be dismissed and so also the appeal.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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