NCDRC

NCDRC

RP/1954/2024

INFINIUM MOTORS PVT LTD - Complainant(s)

Versus

RAVJI VELJI VARSANI - Opp.Party(s)

MR. HRITHIK MANCHANDA & SHIVANI RAJPUROHIT

23 Sep 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1954 OF 2024
(Against the Order dated 26/03/2024 in Appeal No. MA/1398/2023 of the State Commission Gujarat)
1. INFINIUM MOTORS PVT LTD
SURVEY NO.12, N.H. 8-A NEAR PSL INDUSTRIES, VILLIAGE-VARSANA TALUKA-ANJAR, GANDHIDHAM-370240
AHMADABAD
GUJARAT
...........Petitioner(s)
Versus 
1. RAVJI VELJI VARSANI
DR. JETHI BUNGLOW, JADHAVJI NAGAR, BHUJ KATCH, GUJRAT-370001
KACHCHH
GUJARAT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
 HON'BLE MRS. JUSTICE SAROJ YADAV,MEMBER

FOR THE PETITIONER :
MR. HRITHIK MANCHANDA, ADVOCATE

Dated : 23 September 2024
ORDER

Learned Counsel for the Petitioner submitted that he has filed this Revision Petition against the Order of Gujarat State Consumer Disputes Redressal Commission (for short ‘State Commission’) dated 26.03.2024 wherein his Appeal against the Order of Bhuj District Consumer Disputes Redressal Commission dated 30.01.2023 was dismissed on grounds of limitation as there was a delay of 249 days.  The State Commission did not find any sufficient cause for the condonation.

Learned Counsel for the Petitioner submitted that the delay was on account of certain settlement talks undergoing between the parties and this took some time.  He submitted that the delay was not willful or deliberate and that he has a strong case and the matter needs to be heard on merits.

Heard the arguments and have perused the record.

The State Commission has dismissed the Appeal on grounds of limitation.  However, the delay being only 249 days, we are of the considered opinion that the matter needs to be heard on merits by the State Commission subject to cost.

Accordingly, the Revision Petition is allowed and the Order of the State Commission dated 26.03.2024 is set aside subject to a cost of Rs.15,000/- to be deposited in the legal aid Account of the State Commission and Rs.15,000/- to be paid to the Respondent within six weeks of this Order.

Parties to appear before the State Commission on 06.11.2024.

 
............................
BINOY KUMAR
PRESIDING MEMBER
 
 
............................J
SAROJ YADAV
MEMBER

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