Circuit Bench Nagpur

StateCommission

AEA/22/3

DHARMENDRA REDDI PROPRITER PARTNER SAIKRUPA ASSOCIATE AND DEVELOPERS - Complainant(s)

Versus

USHABAI INDRAJIT YADAV - Opp.Party(s)

NANDLAL ALWANI

02 Mar 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Appeal Execution Application No. AEA/22/3
( Date of Filing : 09 Feb 2022 )
(Arisen out of Order Dated 28/11/2018 in Case No. EA/16/50 of District Additional DCF, Nagpur)
 
1. DHARMENDRA REDDI PROPRITER PARTNER SAIKRUPA ASSOCIATE AND DEVELOPERS
OFFICE OPPOSITE TO BHARAT GAS GODOWN NARI ROAD TEKA NAKA NAGPUR 26 MAHARASHTRA
...........Appellant(s)
Versus
1. USHABAI INDRAJIT YADAV
R.O. NAVIN FUTALA TALAV AMRAVATI ROAD NAGPUR MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. A. Z. KHWAJA PRESIDING MEMBER
 HON'BLE MR. K.M. LAWANDE MEMBER
 
PRESENT:
 
Dated : 02 Mar 2022
Final Order / Judgement

(Delivered on 02/03/2022)

PER SHRI A. Z. KHWAJA, HON’BLE PRESIDING   MEMBER.

            Appellant /applicant- Mr. Dharmendra Reddi has preferred the present appeal challenging  the order  of conviction dated 28/11/2018 passed by the learned Additional District Consumer Commission, Nagpur  under Section 27 of the Consumer Protection Act, 1986. Along with appeal the present appellant /applicant has also moved an application for condonation of delay in preferring the   present appeal.  We have heard Mr. Alwani, learned advocate for the appellant /applicant on the point of admission on 17/02/2017 and certain directions were given to the appellant to make necessary corrections in the memo of appeal.  We have heard learned advocate for the appellant /applicant. We have gone through the contents of the application for condonation of delay. Ongoing through  the application, we are constrained  to observe that  no proper explanation  much less any satisfactory  explanation has been  provided  for the delay in preferring the appeal  after  the impugned  order  came to be passed on 28/11/2018. Applicant  has made a vague reference  to the  order passed  by the Hon’ble Supreme Court regarding  exemption  of limitation  period  but admittedly the impugned order dated 28/11/2018 was passed much prior  to the Covid -19 Pandemic  and no proper  or plausible  explanation has been given for the same,  despite the fact that the every single days delay has to be explained in proper and satisfactory manner. The learned advocate for the appellant /applicant has also places reliance upon one judgment delivered by the Punjab State Consumer Commission in Misc. Application No. 2002/2020, Bank of India  and Anr Vs.  Anju D/o. Sh. Dayal Chand  and we have gone through the same.  In that case also there was delay of 302 days. In that case  also  the reliance  was placed upon earlier  decision  of the Hon’ble Supreme Court and it was observed  by the Hon’ble Supreme Court that  special  period of limitation has been prescribed  under the Consumer Act  for filing  the appeals and revisions  in Consumer  matters and  object of expeditious  adjudication  of  the consumer  disputes  will get defeated , if  the highly  belated petitions are  to be entertained.  In that case it was further observed that the delay has to be explained properly and sufficient cause must be  disclosed. On that ground the delay of 302 days was not condoned. Here in the present case before us  the order of conviction  by the  learned Additional District Consumer Commission, Nagpur  came to be passed  on 28/11/2018 and present  appeal  came be  preferred  on  09/02/2022 but the applicant has not given any proper or sufficient explanation for huge delay in filing the appeal.  As such the judgment in the case of Bank of India  and Anr Vs.  Anju D/o. Sh. Dayal Chand  in Misc. Application No. 2002/2020 delivered by   Punjab State Consumer Commission  on which  reliance  is placed  will not go to help the case of the applicant. Accordingly, we hold that the application for condonation of delay in filing the appeal is not tenable in law and so is hereby dismissed.  Consequently, the appeal is dismissed.

 
 
[HON'BLE MR. A. Z. KHWAJA]
PRESIDING MEMBER
 
 
[HON'BLE MR. K.M. LAWANDE]
MEMBER
 

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