Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No.3349 of  2017

Adhishashi Abhiyanta, Dakshinanchal Vidyut

Vitran Khand, Dibiyapur, Auraiya.                     …Appellant.                                                                         

                                       Versus

Ram Dutt Savita s/o Sri Ram Swaroop,

R/o Village Daan Shah, Post Office, Sahar,

District Auriya.                                                 …Respondent.

Present:-

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

2- Hon’ble Sri Vikas  Saxena, Member.

Sri Deepak Mehrotra, Advocate for the appellant.

None for the respondent.

Date   04.08.2022

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 24.8.2017 passed by Learned District Forum, Auraiya                     in Complaint Case no.38 of 2017, Ram Dutt Savita vs. Adhishashi Abhiyanta, Dakshinanchal Vidyut Vitran Khand.  

This appeal has been filed with a delay of about two months & eighteen days. This appeal has been filed on 18.12.2017 but application for condonation of delay has been moved on 24.1.2022 i.e. after five years.

We have heard the learned counsel for the appellant Mr. Deepak Mehrotra. None appeared for the respondent. We have perused the pleadings evidence and application for condonation of delay.

This appeal has been filed with a delay of about two months & eighteen days. The appellant has stated in his application filed for the condonation of delay that the

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certified copy of the judgment and order dated  24.8.2017. Certified copy of the order was  provided by the counsel in the office on 8.11.2017, Subsequently, some time was taken in the process of the movement of the file and also in the process of discussion of the case with the counsel. Thereafter, the collection of paper and gathering of the information, making arrangement for funds also took certain time and then the file was handed over to the counsel on 8.12.2017.  The delay is about two months and eighteen days in the same may be condoned. Therefore it is most respectfully prayed that this Hon’ble State Commission may graciously be please to condone the delay. 

 We have seen the impugned order. This order has been delivered on 24.8.2017 and the certified copy has been issued on 8.11.2017. The present appeal has been filed on 18.12.2017. Thus there is delay of about two months and eighteen days in filing the appeal which is beyond the prescribed time limit to file an appeal and no satisfactory explanation has been submitted by the appellant. The opposite party/appellant was present before the learned Forum and they took active part in the proceedings.

Now before going to the time limit and effect of delay in filing appeal, it is better to understand the object of The Consumer Protection Act.

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).

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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,