STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA FIRST APPEAL NO. SC/21/FA/297/2025 (Against the Order dated 2nd January 2024 in Complaint DC/349/CC/23/2019 of the District Consumer Disputes Redressal Commission Baudh)

STATE OF ODISHA REPRESENTED THROUGH DISTRICT LABOUR OFFICER BOUDH PRESENT ADDRESS - AT/PO/DIST BOUDH , BOUDHBOUDH,ODISHA.

LABOUR COMMISSIONER ODISHA BHUBANESWAR PRESENT ADDRESS - BHUBANESWAR , BHUBANESWARKHORDHA,ODISHA.

THE COLLECTOR BOUDH PRESENT ADDRESS - BOUDH , BOUDHBOUDH,ODISHA.

.......Appellant(s)

Versus SABITRI RANA W/o. late samprada rana PRESENT ADDRESS - AT/PO-BAHIRABOUDH,ODISHA.

.......Respondent(s)

BEFORE:

HON'BLE MR. DILIP KUMAR MOHAPATRA. , PRESIDING MEMBER HON'BLE MS. SUDHIRALAXMI PATTNAIK , MEMBER FOR THE APPELLANT:

M/S. S. CHNADRA MADHAB SINGH DATED: 17/07/2025

ORDER

I.A.673/2025 F.A.297/2025 This is an application for condonation of delay. As per office note there is delay of 443 days in filing the appeal. The present appeal has been filed on 05.05.2025 challenging the impugned order dt 02.01.2024. Appellant has filed the application for condonation of delay stating that coming to know about the final order passed by the learned District Forum the petitioners collected the order and send it to the higher authorities for taking necessary decisions in the matter. In the process the case records were sent to the Collector, Boudh and the Labour Commissioner, Odisha Stationed at Bhubaneswar. After the final decision was taken the case records were sent to the office of the learned Advocate General, Odisha at Cuttack for filing the appeal before this Hon'ble Commission. Accordingly, the appeal is filed on 05.05.2025 with a delay of 443 days. Counsel for the appellant submitted that the appellants are Government authorities and as because they are belongs to different department the delay has been caused in filing the appeal.

One Sri Shiba Prasad Gaigouria present before this Commission as authorized person of the complainant and filed Adhar card in proof of his identity.

The respondent/complainant has filed the objection to the application for condonation of delay stating that each day of delay has not been explained by the appellant.

It is submitted that the husband of the complainant has died since 29.04.2018.

The complainant (widow) has filed the Complaint Case before the learned District Commission on 15.03.2019 and learned District Commission has passed the final order on 02.01.2024. Since then complainant (widow) has not received the awarded amount and suffering since 2018.

Perused the records. In the present case the appellants are Government authorities. We find there is inordinate delay of 443 days in filing the present appeal.

The appellants have not explained each day of delay.

The special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Commission entertain highly belated petitions.

While dealing with the application for condonation of delay, Hon’ble Apex Court in case of Anshul Aggarwal-Vrs- New Okhla Industrial Development Authority reported in IV (2012) CPJ (SC) has held as follows:-

1 1 , “Para-5 The averments contained in the above reproduced paragraphs show that within a fortnight of passing of the impugned order, the petitioner had become aware of the same. She instructed her counsel to prepare a draft of the case to be filed in this Court, but did not take steps necessary for filing the petition. She visited India in April 2011, but then too she did not bother to contact the counsel. The Petitioner’s assertion that she could not do so because she was suffering from viral fever has not been substantiated by any documents. Therefore, we do not find any valid ground much less justification for exercise of power by this Court under Section 5 of the Limitation Act. “

Para-6 It is also apposite to observe that while deciding