29.10.2024

ORDER ON ADMISSION

MR. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/Complainant preferred this appeal being aggrieved by the order dated 23.06.2023 passed in CC.No.47/2023 on the file of District Consumer Disputes Redressal Commission, Bidar.

2.     Heard on admission – The office has noted that there is a delay of 303 days in filing the appeal.  The appellant has filed an application u/s 5 of Limitation Act to condone the delay and sworn affidavit that he received a Certified Copy in CC.No.388/2023 to my office.  In the meanwhile, the appellant’s health issue arose and he needed some medical attention to the same and for the said reason he couldn’t meet his counsel to give him instructions to file an appeal and also due to his financial constraint because of his health issues.  There afterwards they have filed an appeal to set aside the order passed by the District Commission hence, there is a delay.  The delay is not intentional but for a bonafide reasons hence, prayed to condone the said delay. 

3.      On perusal of the affidavit sworn by the appellant, the grounds urged for non-filing of the appeal well within time are not satisfactory Mere stating ill-health without producing any documents/medical records to condone the delay.  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 reasonable/satisfactory and the delay is fatal to the appeal.  

4.     Further we noticed that this appellant has been placed Ex-Parte before District Commission and also not urged any valid reasons for placing Ex-parte.  

5.      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, we proceed to pass the following:-

ORDER

Application u/s 5 of the CPC Act is hereby dismissed.Consequently, the appeal is also dismissed.No order as to costs.

The amount in deposit shall be transmitted to the District Commission to pay the same to the complainant.

Send a copy of this order to both parties as well as Concerned District Commission.

(Sunita .C. Bagewadi)                           (Ravishankar)   

        Member                                       Judicial Member 

ARD*