STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/FA/310/2025 (Against the Order dated 26th November 2024 in Complaint DC/563/CC/100/2023 of the District Consumer Disputes Redressal Commission Palakkad)

ADV. SHAHUL HAMEED PT PRESENT ADDRESS - MEHFIL , POURATHODIYIL HOUSE, THRITHALA P.O, PATTAMBI TALUK, PALAKKAD - 679 534 PALAKKAD,KERALA.

.......Appellant(s)

Versus ASIAN PAINTS BUSINESS ADDRESS - AASAN PAINTS HOUSE , SANTACRUZ EAST , 6A, SHANTI NAGAR , MUMBAI,MAHARASHTRA.

AUTHORIZED SIGNATORY ASIAN PAINTS BUSINESS ADDRESS - ASIANT PAINTS HOUSE, 6A , SANTACURZ EAST , SHANTI NAGAR , MUMBAI,MAHARASHTRA.

KRISHNA PAINT MAGIC BUSINESS ADDRESS - ASIAN PAINTS COLOUR IDEA STORE , NEAR HDFC BANK , PALAKKAD ROAD, MELE PATTAMBI , PALAKKAD,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 10/07/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM I.A. No. 419/2025 in APPEAL No. 310/2025 ORDER DATED: 10.07.2025 (Against the Order in C.C. 100/2023 of DCDRC, Palakkad)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER PETITIONER/APPELLANT:

Adv. Shahul Hameed P.T., Mehfil, Pourathodiyil House, Thrithala P.O., Pattambi Taluk, Palakkad-679 534.

(By Adv. K. Dhananjayan and Adv. P. Priya Pillai)

Vs.

RESPONDENTS:

1. Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-

400 055.

2. Managing Director/Manager/Authorized Signatory, Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-400 055.

3. Krishna Paint Magic, Asian Paints Colour Idea Store, Near HDFC Bank, Palakkad Road, Mele Pattambi P.O., Palakkad-679 303.

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This is an application praying for condoning the delay of 147 days in filing the appeal.

2. Heard. Perused the affidavit filed in support of the application.

3. It is contended that the order dated 26.11.2024 passed by the District Commission was received by the petitioner on 16.12.2024. The mother of the petitioner was hospitalized due to a fracture on her right leg. The petitioner was the bystander along with his wife in the hospital from 28.01.2025 to 10.02.2025 and hence the petitioner could not contact his counsel on time. Later on, the petitioner was badly affected with cough, cold and fever from 10.02.2025 to 20.02.2025. After recovering from the illness, the petitioner filed the appeal and hence, there occurred a delay of 147 days in filing the appeal.

4. No material has been produced by the petitioner to substantiate the above contentions of the petitioner.

5. Having gone through the reasons stated by the petitioner, we are of the considered view that the reasons stated by the petitioner are not sufficient to condone the delay of 147 days in filing the appeal. That apart, there was gross negligence and want of due diligence on the part of the petitioner in this regard. In the said circumstances, we are not inclined to condone the delay.

In the result, this application stands dismissed. JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT AJITH KUMAR D. : JUDICIAL MEMBER RADHAKRISHNAN K.R. : MEMBER jb KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 310/2025 JUDGMENT DATED: 10.07.2025 (Against the Order in C.C. 100/2023 of DCDRC, Palakkad)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANT:

Adv. Shahul Hameed P.T., Mehfil, Pourathodiyil House, Thrithala P.O., Pattambi Taluk, Palakkad-679 534.

(By Adv. K. Dhananjayan and Adv. P. Priya Pillai)

Vs.

RESPONDENTS:

1. Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-

400 055.

2. Managing Director/Manager/Authorized Signatory, Asian Paints Ltd., Asian Paints House, 6A, Shantinagar, Santacruz (E), Mumbai-400 055.

3. Krishna Pa