NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. NC/RP/1032/2025 (Against the Order dated 29th December 2022 in Appeal SC/21/CDA/636/2002 of the State Consumer Disputes Redressal Commission Odisha)

WITH NC/IA/13057/2025 (CONDONATION OF DELAY)

NC/IA/9163/2025 (CONDONATION OF DELAY)

NC/IA/9162/2025 (EXEMPTION FROM FILING TRIAL RECORDS)

SRICHARAN BISWAL PRESENT ADDRESS - S/O- LATE SATRUGHAN BISWAL, VILL- CHHAPADA, MALIBAR. DIST-

JAGATSINGHPUR.CHHAPADA , JAGATSINGHAPUR,ODISHA.

.......Petitioner(s)

Versus THE SECRETARY STATE CONSUMER DISPUTES REDRESSAL FORUM CUTTACK & ORS PRESENT ADDRESS - DRESSAL FORUM CUTTACK CUTTACK,ODISHA. THE SECRETARY STATE CONSUMER DISPUTES REDRESSAL FORUM PRESENT ADDRESS - CDA BASTI, CDA AREA , STATE CONSUMER DISPUTES REDRESSAL FORUM CUTTACK , CUTTACK,ODISHA.

THE AREA MANAGER BENGAL TOOLS LTD.

PRESENT ADDRESS - ORISSA DIVISION, AT- GOPALPUR, CUTTACK.CUTTACK,ODISHA.

MR. KAJAL PATNAIK PRESENT ADDRESS - PROP. BHOOTNATH AGENCY, SRI RAM COMPLEX, MADHUPATNA, CUTTACK.CUTTACK,ODISHA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SAROJ YADAV , PRESIDING MEMBER FOR THE PETITIONER:

FOR THE PETITIONER MS. SHIVANI GUPTA, ADVOCATE (IN VC)

DATED: 09/01/2026

ORDER

1. The present revision petition has been filed under Section 21 (b) of the Consumer Protection Act, 1096 by the petitioner/complainant being aggrieved of the order dated 29.12.2022, passed by the learned Odisha State Consumer Disputes Redressal Commission, Cuttack (for short the ‘State Commission’) in M.C. No. 248 of 2022 & M.C. No.249 of 2022, in C.D.A. No. 636 of 2002, arising out of the Order dated 30.09.2002 passed by the learned District Consumer Disputes Redressal Forum, Cuttack (for short the ‘District Forum) in C.D. No. 150 of 2000.

2. Heard the learned counsel for the petitioner on the delay condonation application being IA/13057/2025 as well as on the Memorandum of Revision Petition.

3. The learned counsel for the petitioner submitted that the delay has been caused in filing of the present petition for the reason that the petitioner is an illiterate person and not aware of the legal complexities. The learned counsel, who represented the petitioner before the learned State Commission, did not inform about the impugned order to the petitioner. The counsel disclosed about the order on 10.04.2022 to the petitioner. Thereafter, the petitioner contacted and searched for counsel in Delhi and filed this petition. Hence, the delay may be condoned.

4. Considered the submissions made and perused the record.

5. The Registry has reported a delay of 802 days in filing of the present revision petition, beyond the prescribed period of 90 days. The impugned order dated 29.12.2022, whereby the Miscellaneous Application filed by the petitioner for restoration of the appeal, dismissed on 10.07.2015, was rejected. The learned State Commission observed that there is no material cause to condone the delay of about seven years.

6. Against this order, the petitioner filed a Writ Petition (C) No. 12641 of 2023, before the Hon’ble High Court of Orissa at Cuttack and that petition was dismissed by the Hon’ble High Court. The copy of the order dated 12.01.2024, passed in Writ Petition has been annexed as Annexure-4 (page 40 of the paper book).

7. There appears no sufficient cause, or reason to condone such a huge delay in filing of this revision petition. Otherwise also, the Writ Petition moved against the impugned order has already been dismissed by the Hon’ble High Court. Hence this revision petition deserves dismissal and is dismissed accordingly at the admission stage itself.

Interim applications pending, if any, shall stand disposed of accordingly.

Let the file be consigned in the record room.

..................J SAROJ YADAV PRESIDING MEMBER