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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ashok Bhan, President, B.K. Taimni, Member
Sai Raj Motors - Petitioner
Versus
Rajinder Singh - Respondent
Revision Petition No. 3879 of 2009
Decided On : 04-12-2009
Advocate Appeared:
For the Petitioner:Mr. R.S. Badhran, Advocate.
Delay in filing a revision petition under the Consumer Protection Act cannot be condoned without sufficient cause.
Headnote:
Delay Condonation - Consumer Protection Act - The court dismissed the revision petition due to a delay of 218 days in filing the petition, which exceeded the statutory period of 90 days. The court emphasized that delay cannot be condoned without sufficient cause, and rejected the excuse that the counsel did not convey the appeal decision to the petitioner as a usual excuse.
Fact of the Case:
The revision petition was filed with a delay of 218 days, exceeding the statutory period of 90 days for filing the petition.
Finding of the Court:
The court dismissed the application for condonation of delay and consequently dismissed the Revision Petition as barred by limitation.
Issues: Delay in filing the revision petition, Condonation of delay
Ratio Decidendi: Delay cannot be condoned without sufficient cause, and common excuses for delay may not be accepted by the court.
Final Decision: The court dismissed the Revision Petition as it was barred by limitation due to the delay in filing.
ORDER :
1. This revision petition has been filed with a delay of 218 days in filing the revision petition, which is over and above the period of 90 days statutorily given to file the revision petition. Under the Consumer Protection Act, the Consumer Fora are required to decide the case within a period of 90 days from the date of filing, in case, no evidence is required to be taken and within 150 days, wherever evidence is required to be taken. Delay of 218 days cannot be condoned without sufficient cause being shown. The only cause shown for delay is that the Counsel who had appeared for the petitioner before the State Commission did not convey to the petitioner that the appeal had already been decided. This is a usual excuse, which is taken before us day in and day out. We are not satisfied with the cause shown.
2. Application for condonation of delay is dismissed. Consequently, the Revision Petition is dismissed as barred by limitation.
R.P. dismissed.
