HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER 

Order No. :  10

Date : 09.10.2023

    Feeling aggrieved by and dissatisfied with the impugned order dated 28.09.2022 passed in CC/105/2017 by the Ld. DCDRC, Birbhum, on contest against the both the OPs of the CC/105/2017, the OP No. 2 of CC/105/2017 Excide Battery, represented by its Manager (Excide Industries Ltd.) has preferred Appeal (A/10/2022) on 06.12.2022 before this Commission at Asansol together with the instant IA/72/2022 both dated 06.12.2022.

     By filing this IA/72/2022 on 06.12.2022, the Applicant who happened to be the OP NO. 2 of CC/105/2017 has prayed for condonation of delay in filing the Appeal No. 10 of 2022, and  the Appellant/Applicant has also pressed that on 09.11.2022, the Appellant could come to know about the judgement of CC/105/2017 dated 28.09.2022 through on Email sent by the Ld. Advocate representing the Appellant/Applicant in CC/105/2017 where the Applicant was contesting as the OP No. 2, before the Ld. DCDRC, Birbhum.

     It is the specific case of the Appellant/Applicant that their concerned lawyer was in severe medical emergency and was in Bangalore since 12.10.2022 for medical treatment purpose and after her return on 06.11.2022, she had obtained the free copy of the judgement/order dispatched on 13.10.2022 and communicated the same to the Appellant on 09.11.2022 and sent the certified copy of the judgement by cower and the same was received by the Office of the Appellant subsequently.

    It is pressed by the Appellant/Applicant that on receipt of the said certified copy of the judgement of CC/105/2017 dated 28.09.2022, by its’ Office on 10.11.2022, the Appellant could not avoid the delay from 13.10.2022 to 09.11.2022 for the medical Emergency of the Ld. Advocate of the Appellant/Applicant as the Applicant was fully dependent on its Ld. Advocate and as a result there was delay in filing the Appeal and such delay was unintentional.

     By filing this IA/72/2022 dated 06.12.2022, the Appellant/Applicant has prayed for condonation of delay in filing the MOA of First Appeal No. 10/2022.

Point for consideration

    Now the moot question rests  for consideration is to determination as to whether the instant prayer for condonation of delay in filing this Appeal (A/10/2022 dated 06.12.2022) from against the judgement of CC/105/2017 pronounced on contest on 28.09.2022 deserves to be entertained or not.

                                       Decision with reasons

    It appears from the available materials on record that CC/105/2017 was filed on 18.12.2017 against the Appellant/Applicant and one Sagar Enterprise, Authorised dealer of the OP No. 1 of CC/105/2017 i.e. the present Appellant/Applicant of the Appeal No. 10/2022 and the instant IA/72/2022 and the judgement of CC/105/2017 was pronounced on contest on 28.09.2022 against both the OPs CC/105/2017 i.e. one of the present Applicant/Appellants of Appeal No. A/10/2022.

    It is needless to reiterate that since CC/105/2017 was filed on 18.12.2017 so the said complaint case was scheduled to be governed as per scopes of the Consumer Protection Act of 1986 that has come into effect on 24.12.201986 and it was in force till the coming into force of C.P. Act of 2019