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2023 Supreme(Online)(NCDRC) 1882

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

REVISION PETITION NO. 1408 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 682/2016 of the State Commission Gujarat)

1. M/S. KRISHNA PARK

...........Petitioner(s)

Versus

1. PINKYBEN & ANR.

...........Respondent(s)

REVISION PETITION NO. 1409 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 683/2016 of the State Commission Gujarat)

1. SUREKHANEN MANUBHAI PATEL

REVISION PETITION NO. 1410 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 694/2016 of the State Commission Gujarat)

1. HARSHADBHAI MANIBHAI PATEL

REVISION PETITION NO. 1411 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 695/2016 of the State Commission Gujarat)

1. BHARATKUMAR JETHABHAI PATEL

REVISION PETITION NO. 1412 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 699/2016 of the State Commission Gujarat)

1. MANISHKUMAR KANTILAL PATEL

REVISION PETITION NO. 1487 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 664/2016 of the State Commission Gujarat)

1. M/S. KRISHNA PARK & 5 ORS.

1. JITENDRABHAI KARSHANBHAI PATEL

REVISION PETITION NO. 1488 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 667/2016 of the State Commission Gujarat)

1. MANJULABEN BHAILABHAI GOHIL

REVISION PETITION NO. 1489 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 674/2016 of the State Commission Gujarat)

1. ASHABEN JITENDRAKUMAR PATEL

REVISION PETITION NO. 1490 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 679/2016 of the State Commission Gujarat)

1. BHARATBHAI BABUBHAI PATEL

REVISION PETITION NO. 1491 OF 2022

(Against the Order dated 27/07/2020 in Appeal No. 693/2016 of the State Commission Gujarat)

1. SATISHBHAI BHIKHABHAI PATEL

BEFORE:

&nbsp

HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),PRESIDING MEMBER

FOR THE PETITIONER :

MR. PAWAN PRAKASH PATHAK, ADVOCATE

MR. PANKAJ KUMAR, ADVOCATE

Dated : 03 November 2023

Advocates:
For the Petitioner: MR. PAWAN PRAKASH PATHAK
For the Respondent:

ORDER

1.      These 10 Revision Petitions, bearing No. RP/1408/2022, RP/1409/2022, RP/1410/2022, RP/1411/2022, RP/1412/2022, RP/1487/2022, RP/1488/2022, RP/1489/2022, RP/1490/2022 and RP/1491/2022 were filed by M/s Krishna Park and its Partners (Hereinafter referred to as the “Petitioners”/ “Opposite Parties”) against Pinkyben & Others (Hereinafter referred to as the “Respondents”/ “Complainants”). These Revisions Petitions challenge the Orders dated 27.07.2020 in FA/682/2016, FA/683/2016, FA/694/2016, FA/695/2016, FA/699/2016, FA/664/2016, FA/667/2016, FA/674/2016, FA/679/2016 and FA/666/2016 respectively, which were passed by the learned Gujarat State Consumer Dispute Redressal Commission, Ahmedabad (hereinafter referred to as the “State Commission”). The State Commission had partly allowed all the Appeals. In turn, these Appeals had been filed against the order of the learned District Consumer Disputes Redressal Forum, Surat, Gujarat (‘District Forum’, hereafter) dated 15.10.2016. Vide this order, the District Forum, had partly allowed the Complaints.

2.      Since the facts and questions of law involved in all the Revision Petitions are substantially similar, except for minor variations in dates of defective filing, these Revision Petitions are being disposed of by this common Order. For ease of reference, Revision Petition No. 1408 of 2022 is being considered as the lead case.

3.      As per the record of the Registry, there is a delay of 740 days in filing of this Revision Petition. I.A. No.10374 of 2022 has been filed by the Petitioners seeking condonation of delay.  In the said I.A. No.10374 of 2022, the Petitioner has stated that the Revision Petition could not be filed by the Petitioners in time due to Covid 19 pandemic, lack of proper professional guidance at the local level, the local Advocate was to appear in written examination for members at CDR agencies in Gujarat on 12.12.2021, hospitalization of childless uncle Mr. Harendra Rajaji of the Advocate etc. He finally tendered the matters in the Registry on 10.01.2022 and sought condonation of delay of 7 days in filing the present Revision Petition.

4.      As regards the period of limitation for filing of a Revision Petition, Regulation 14 of the CP (Consumer Commission Procedure) Regulations, 2020 inter alia stipulates that:

 “Subject to the provisions of sections 40, 41, 50, 51, 60, 67 and 69, the period of limitation in the following matters shall be as follows:-

 

5.      The Hon’ble Supreme Court in suo-motu Writ Petition (Civil) No. 3 of 2020 in re: Cognizance for Extension of Limitation suspended the period of limitation for filing proceedings before any Courts/ Tribunals or any Authority due to Covid-19 Pandemic from 15.03.2020 till 28.02.2022. Limitation would be further extended by 90 days from 01.03.2022, i.e. till 29.05.2022. Since 29.05.2022 is Sunday, cases filed by 30.05.2022 will be considered to have been filed within limitation.

6.      In the present Revision Petitions, the State Commission passed the Impugned Order on 27.07.2020. The limitation for filing Revision Petition before this Commission is 90 days. However, this period commences from the date of receipt of the Impugned Order by the Petitioners i.e., 31.08.2020. While the limitation for filing present Revision Petition lapsed on 30.11.2020, after excluding the period as ordered by the Hon’ble Supreme Court, the delay would be counted from 30.05.2022. However, the present Revision Petitions were filed with defects on 04.11.2022. Therefore, there was a delay of 157 days.

7.      Hon’ble Supreme Court in “Ram Lal and Ors. vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361”, has observed as under:

“It is, however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a discretionary jurisdiction vested in the Court by S.5. If sufficient cause is not proved not

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