SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(SCDRC) 33009

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THE AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA – Appellant
Versus
WAHIDA FATEMA C/o. wasimuddin – Respondent
SC/19/RP/28/2025



Petitioner Advocates:ANJALI SHAW ,Respondent Advocate:

STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL REVISION PETITION NO. SC/19/RP/28/2025 (Against the Order dated 10th July 2025 in Appeal DC/AB2/315/CC/195/2024 of the District Consumer Disputes Redressal Commission Kolkata-ii(central))

THE AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA PRESENT ADDRESS - SRINAGAR INTERNATIONAL AIRPORTSSRINAGAR,JAMMU AND KASHMIR.

PERMANENT ADDRESS - NSCBI AIRPORTS AUTHORITY OF INDIAKOLKATA,WEST BENGAL.

.......Petitioner(s)

Versus WAHIDA FATEMA C/o. wasimuddin PRESENT ADDRESS - 25 RIFLE RANGE ROAD FLAT NO.4C BALLYGUNGEKOLKATA,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MRS. SOMA BHATTACHARJEE , PRESIDING MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE PETITIONER:

ANJALI SHAW (Advocate) FOR THE RESPONDENT:

WAHIDA FATEMA C/o. wasimuddin DATED: 19/09/2025

ORDER

RP/28/2025 Samiksha Bhattacharya, Member The instant revision petition has been filed by the revisionist/ OP no. 2 of the original complaint case questioning the propriety of the order dated 27.02.2025 passed by Ld. DCDRC, Kolkata II (Central) in CC/195/2024 pending before the Ld.

DCDRC concerned.

The revisionist has filed the instant revision petition on the ground that the applicant i.e. the Principal Officer of Srinagar International Airport owned and managed by Airport authority of India, a statutory Central Government Organisation constituted and established by the provision of Airports Authority of India Act, 1994. The notice upon OP no. 2 has been served on 16.12.2024 and after expiry of 45 days from the date of receipt of notice the OP no. 2 / revisionist filed their W.V. on 21.02.2025 causing delay of 21 days. On 27.02.2025 the Ld. Advocate on behalf of the revisionist prayed for acceptance of W.V at belated stage due to unavoidable circumstances as the matter pertains to Srinagar International Airport. This Airport falls under the Northern Region of AAI Headquarter in New Delhi whereas the present matter had been filed before the DCDRC Kolkata which falls under the Eastern Region of AAI. As a result, the process of information exchange and review of the draft, W.V required coordination between the offices in Kolkata, New Delhi and Srinagar leading to some unavoidable delay. Upon finalisation of the W.V it was duly signed and notarised by the competent authority of Srinagar. Hence, the Ld. Advocate for the Revisionist/OP No.2 has submitted before this Commission that the delay was caused due to unavoidable reasons which were beyond their control and therefore, prayer for acceptance of W.V. be allowed. Hence, she has prayed for setting aside the order dated 27.02.2025 passed by Ld. DCDRC and an order for giving opportunity to the applicant to represent their case.

The respondent/complainant has appeared in person and submitted that the applicant tried to reveal that they are very busy and they have got very little time to give importance to the Ld. DCDRC. If they have good intention they could have appeared on 20.12.2024 to show respect to the Ld. DCDRC. The applicant has tried to mislead the commission by mentioning partial information. The applicant has also tried to justify their delay by flaunting their importance of work as a Government Authority. Hence, the complainant has prayed that the reason for delay is not justified at all and prayed before this Commission to pass the order which this Commission thinks just and proper.

Upon hearing the parties and on perusal the materials on record we are of considered opinion that the reason for delay in filing the W.V is not justified by the OP no. 2. In the present day the Revisionist/OP no. 2 can send the draft deed of W.V. through electronic media or any other mode such that they can file it within the statutory period as per C.P. Act. Moreover, the delay has not been caused due to any unavoidable reason or any unprecedented circumstances which were beyond their control. The reason for delay has not been explained at all. The Ld. DCDRC has rightly fixed the matter exparte

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top