Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No.355 of 2013

Dakshinanchal Vidyut Vitran Nigam Ltd.,

220, KVA Sub Station, Near Amar Ujala

Press, N.H.-2, Agra.                                             …Appellant.                                                                         

                                       Versus

Jai Ram Das Kukreja s/o Sri Deep Chand Kukreja,

R/o 4/18C-2, Bagh Farzana, Civil Lines, Agra.

                                                                          …Respondent.

Present:-

1- Hon’ble Sri Rajendra  Singh, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Mohan Agarwal, Advocate for appellant.

Sri R.K. Mishra, Advocate for the respondent.

Date  30.11.2023

JUDGMENT

Per Mr. Rajendra Singh, Member: This Appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 against the judgment and order dated 8.8.2012 and order dated 23.1.2013 passed by Ld. District Forum-II, Agra in Complaint case no.191 of 2010, JaiRam Das Kukreja vs. Dakshinanchal Vidyut Vitran Nigam Ltd.

          The appellant has moved an application alongwith  affidavit for condonation of delay.          

We have heard the learned counsel for the parties and  perused the pleadings and evidence available on record.

The appellant has stated that the judgment was delivered on 8.8.2012 but it could not come into the notice of the deponent as the counsel for the appellant neither appeared at the time of hearing nor informed about the judgment. It is relevant to mentioned that the deponent had written letters  dated 19.7.2012 and 4.12.2012 to Sri Manik Chndra Verma, Advocate at Agra to know the development and latest position of the case but he did not sent any reply. Thereafter, the appellant instructed Sri Rajiv Acharya, Advocate vide letter dated 11.1.2013 for informing about the actual position of the case who inspected the case on 14.1.2013 and informed about the judgment dated 8.8.2012. Since the case was heard ex-pate so a misc. case no.2/2013 has been filed for recall of ex-parte order dated 8.8.2012 which was rejected at the admission stated vide order dated 23.1.2013.

Thereafter, the appellant contacted his counsel at Lucknow for preparation and filing of the appeal but the counsel required certain necessary papers and demand draft of Rs.25,000.00. As soon as the demand draft could be prepared on availability of funds, the appellant came to Lucknow and handed over the papers and demand draft to the counsel who prepared the appeal. The delay in filing the appeal is not intentional but due to fault of the corporation’s counsel Sri Manik Chandra Verma  Hence, it is prayed that the delay be condoned.

The ld. Forum has delivered the judgment on 8.8.2012 and copy was issued on 28.1.2013. The present appeal has been filed on 26.2.2013 i.e. after about more than 5 months beyond the period of filing appeal.

The Consumer Protection Act 1986 was enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of Consumers Councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith (Preamble).

The Act Inter alia, seeks to promote and protect the rights of consumers such as -

1.  right to be protected against marketing of goods which are hazardous to life and property;
2. right to be informed about the quality, quantity, potency, puri