Meghalaya

StateCommission

16/2007

B.S.N.L. - Complainant(s)

Versus

Shri.KALYAN PURKAYASTHA - Opp.Party(s)

S.C.SHYAM

11 Dec 2010

ORDER

First Appeal No. 16/2007
(Arisen out of Order Dated 25/09/2007 in Case No. of District East Khasi Hills )
1. B.S.N.L.SHILLONG
PRESENT :S.C.SHYAM, Advocate for the Appellant 1 J.MARAK, Advocate for the Respondent 1

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ORDER

Heard Mr. S.C. Shyam the learned counsel for the petitioner and also heard Mr. S.K. Deb Purkayastha the learned counsel for the opposite party.

By this petition the petitioner has sought for the condonation of the delay of 37 days in filing the connected appeal in Consumer Case No. 42 of 2006 and the award of Rs. 30, 000 (Thirty Thousand) was made by the district Forum vide Order dated 25/09/2007.

The said order was recieved by the petitioner on 10/10/07. The ground given by the petitioner in this petition is that after recieving the order they countacted their counsel but he did not take any action. Ultimately, on 26/11/2007 they contacted their present counsel to file an appeal but he could not file the same as he has to leave Shillong and come back on 02/12/2007.

The statement made in paragraph two and three of the petition clearly shows that the petitioner did not take care to file the appeal although they recieved the order on 10/10/07. On the other hand the petitioners were trying to put a blame on the conducting counsel.

From 10/10/07 to 26/11/07 the petitioners were sleeping over the matter for forty six days, knowing fully well that the period for limitation was already over. Hence, the petitioners could not make out sufficient cause about the delay in filing the appeal. The ground given in paragraph 2 and 3 of the petition are not sufficient ground to condone the delay.

In the result, the condonation petition is rejected and disposed of.

PRONOUNCED :
Dated : 11 December 2010

[HONABLE MR. JUSTICE B. Lamare]PRESIDENT[ Ramesh Bawri]MEMBER