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2001(1) CPR 337
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Barkat Ali Zaidi, President & Mr. M.L. Sahni, Member
Standard Chartered Bank —Appellant
versus
Vinod Dubey —Respondent
Appeal No. A-2008/669
Decided on 28.5.2010
Counsel for the parties:
For the Appellant:Mr. Punit K. Bhalla, Advocate.
For the Respondent:Mr. Sugreev Dubey, Advocate
IMPORTANT POINT
Law of limitation has to be implemented strictly.
Headnote:Consumer Protection Act, 1986—Section 24-A—Complaint—Limitation—Delay in filing of appeal on the plea that file got misplaced in office of Advocate of appellant—When specific time has been provided by law for a specific purpose, Court must be extremely reluctant to condone delay and there should be insistence for particular act being done within prescribed time—Granting extension of time on such ground would be placing premium on lethargy and disregard for law—Application for condonation of delay dismissed—Appeal also dismissed as time barred. (Paras 4 and 5)
Barkat Ali Zaidi, President—Against an award passed by the District Forum (East), on 4.5.2007 the appellant OP Standard Chartered Bank, has come in appeal before this Commission.
2. The appeal is admittedly filed beyond the prescribed limitation and the appellant has applied for condonation of delay of 124 days involved in filing this appeal.
3. We have heard Mr. Puneet K. Bhalla, Counsel for the appellant OP Bank and Mr, Sugreev Dubey, Counsel for the respondent at the preliminary stage of admission in the appeal.
4. The reason given in the delay is that file got misplaced in the office of the Advocate of the appellant, which cannot be deemed to be sufficient tenable reason for condonation. If the delay is to be condoned on such flimsy ground everybody would come and say that his papers got misplaced and delay be condoned. When specific time has been provided by law for a specific purpose, the Court must be extremely reluctant to condone the delay and there should be insistence for the particular act being done within the prescribed time. Granting extension of time on such ground, would be placing premium on lethargy and disregard for law.
5. The application for condonation of delay is therefore dismissed and in consequence whereof the appeal being time barred is also dismissed.
6. FDR/Bank Guarantee deposited by the appellant be released in favour of the appellant subject to complete of formalities.
7. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
Appeal dismissed.
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