IMPORTANT POINT
Complainant is not entitled to claim more compensation than provided by the Act.

K.S. Chaudhari, Presiding Member—This revision petition has been filed by the petitioner against the order dated 29.03.2012 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, ‘the State Commission’) (in short, ‘the State Commission’) in Appeal No. 170 of 2012 – India Post, Department of Posts Vs. Prahalad by which, while dismissing appeal order of District Forum allowing complaint was upheld.

2. Brief facts of the case are that Complainant/respondent delivered a parcel package containing 41 pairs of dance constumes estimated worth Rs.1,25,000/- and artificial jewellery worth Rs. 11,750/- to the OP/petitioner for delivery to Pradeep Kumar in Australia. Aforesaid articles were not delivered. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that articles were dispatched to Mumbai International Post Office for onward journey and delivered to Singapore Airlines on 11.8.2011. It was further submitted that after several correspondence, baggage was delivered to addressee in Australia on 21.10.2013. As per norms for delay in delivery of goods, OP sent cheque of Rs.5,230/- to the complainant; hence, complaint be dismissed. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.50,000/- with 12% p.a. interest and further allowed Rs.2,000/- as cost of litigation and directed complainant to return cheque of Rs.5,230/-. OP filed appeal which was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

3. Heard learned Counsel for the parties and perused record.

4. Petitioner has filed application for condonation of delay of 188 days whereas as per office report there was delay of 162 days in filing revision petition. In the application for condonation of delay, petitioner has explained delay step by step in filing revision petition.

5. This Commission in R.P. No. 2021-2022 of 2013 – Jeevanti Devi Vs. Tata Motors Ltd. & Anr. dismissed revision petition as it was barred by 135 days, but Hon’ble Apex Court while allowing Civil Appeal Nos. 10120 – 10121 of 2014 Jeevanti Devi Vs. Commercial Motors & Anr. observed as under:

“Leave granted.

The present appeals are directed against the order dated 14th August, 2013, whereby the National Consumer Disputes Redressal Commission, New Delhi, has declined to condone the delay of 135 days.

Having heard learned counsel for the parties, we are of the considered view that the delay in filing the revision should have been condoned and the controversy should have been addressed on merits.

In view of the aforesaid, the appeals are allowed, the impugned order is set aside and the matter is remitted to the National Consumer Disputes Redressal Commission, for disposal in accordance with law”.

6. Hon’ble Apex Court in Civil Appeal No. 10289 of 2014 – A.T.S. Govindarajane Vs. Chief Manager, State Bank of India while allowing appeal, order dismissing revision petition as barred by 149 days was set aside and matter was remanded to this Commission for deciding revision petition on merits. Hon’ble Apex Court in C.A. No. 5071 of 2014 – Taipen Traders Ltd. & Anr. Vs. M/s. Bhawanti Cold Storage & Ors. while allowing appeal, order of this Commission refusing to condone delay of 218 days in filing revision petition was set aside and observed as under:

“We have perused the order of National Consumer Disputes Redressal Commission, and considered the arguments advanced. On such consideration, we are of the view that the grounds assigned for the refusal to condone the delay does not merit approval. On the contrary, we are of the view that the delay is neither inordinate nor has remained unexplained”.

7. In the light of aforesaid latest judgments of Hon’ble Apex Court, delay in filing revision petition is condoned subject to payment of Rs.5,000/- as cost to the respon