ORDER

1.      This Revision Petition No.1970 of 2018 challenging the impugned order of the learned West Bengal State Consumer Disputes Redressal Commission, Kolkata (‘State Commission’) dated 05.04.2018 wherein the First Appeal No.A/1100/2017 was dismissed being barred by limitation on the ground that the Petitioner had not sufficiently demonstrated the reasons for delay of 251 days.

2.      The Petitioner has contended that the State Commission had erred while dismissing the Appeal on account of delay of 251 days in filing the same. This delay of 251 days was neither intentional nor malafide, rather bonafide due to the reasons as he was not received the copy of the impugned order from the District Forum and he was also not aware that under the Consumer Protection Act, Appeal needs to be filed before the higher Forum within 30 days of passing of the final order by the District Forum. The State Commission ought to have condoned the delay in filing the Appeal and the decide the same on merits.

3.      The learned Counsel for the Respondent argued in favour of the impugned order passed by the State Commission.  He has also relied upon the following judgments:

(a) Basawaraj and Ors. Vs. The Spl. Land Acquisition Officer, (2013) 14 SCC 81: 2013 SCC OnLine SC 758;

(b) Anil Kumar Sharma Vs. United India Insurance Co. Ltd. and Ors., IV (2015) CPJ 453 (NC)

(c)  Ligneswaran Etc. Vs. Thirunagalingam, 2022 LiveLaw (SC) 227;

(d) Syndicate Bank Vs Vijay Kumar & Ors (1992) 2 SCC 330.

4.      In the Application seeking condonation of delay, the Petitioner had mentioned as follows:

“I Mr Bhaskar Ghosh (complainant) aged 42 yrs residing at Kolkata, Salt lake, since 1991, permanently in my off residence owing commercial luxary taxi, paying regular tax, having valid commercial permit, is hereby Submitting Delay Condonation Petition in Affidavit Proforma and all the pages are duly notarized.

I humbly pray to your learned and respected forum to grant my Appeal against the Judgement held at Barasat Consumer Court.dt 03/Jan/2017. Dist forum and Condone my delay to your respective forum.

I Mr Bhaskar Ghosh former credit card holder of HFDC BANK (at present my card is permanently blocked) is hereby submitting delay condonation petition to your Respected forum.

I appeared for the judgement dt: 03/01/2017, (03/Jan/2017) held at Barasat dist forum,. After the Judgement I waited patiently at the office and I did not get the copy on the same date: I were informed from the concerned staff that i need not wait in the office and I shall be contacted.

I contacted them on first week of March 2017, and went to Barasat on 16/March/2017 and collected the judgement copy by paying Rs 20 to the reception dept of Dist Consumer Disputes, Redressal Forum, North 24 Parganas Barasat. (all copies encl)..

I would also like to add i am visiting Cons forum Barasat scince July 2015 and have drafted and filed all the responses and counter allegations made by the opp Party, (HDFC BANK) by furnishing all relevant docs, papers, bills but it is nowhere written or printed that i have to file the case or appeal against the judgement held at dist forum within a specified period or time nor i have received any notice or circular that I have to or it is mandatory to file the case to the State Comm within a specified period, neither i have rec. Any phone calls, mobile calls, sms alerts, any proper notice to prove that i have delayed the case.

I have not received any proper notice to my off res. Address by any reg post/courier, that i have to file the case within a specified time limit and I may demand proper enqury or justice from the opp party.

I would also like to add that i have complaint against ICICI LOMBARD MOTOR INS CO (THIRD PARTY) claim going on, of Rs30000 (Rs thirty thousand) plus ints, compensation etc. (all copies of correspondence and off. Emails to ICICI LOMBARD MOTOR INS CO encl) to which i were very busy and i am yet to rec the claim) to which i am not only busy but mentally demor