KARNAIL SINGH Vs. DASHMESH ACADEMY

JUDGEMENT

(1.) THIS is an original complaint the fact of which will be noticed hereinafter. The period for filing a complaint is two years from the date cause of action arises under Section 24 -A of the Consumer Protection Act, 1986 . This complaint has been filed after 282 days beyond the period of limitation. The applicant seeks condonation of delay under Section 24 -A(2) of the Act. The grounds given are that the applicants/complainants were advised by a particular Advocate at Mansa who advised that case for compensation could be filed within three years under the Fatal Accidents Act and even a legal notice was sent on 18.12.2002 for that purpose. Later on, another Advocate advised that the present complaint should be filed before this Commission claiming Rs. 50 lacs as compensation.

(2.) THE facts of the case are that the applicant s son Gurpreet Singh was studying in Sri Dashmesh Academy, Anandpur Sahib in 10th Class and was staying in the Hostel. An excursion was arranged by the institution and couple of students including Gurpreet Singh was taken for excursion by the Principal of the institution on 20.4.2002. While the students were on excursion at Drot Khud, District Bilaspur (Himachal Pradesh), Gurpreet Singh received bullet injury from the licensed gun which was being carried by the Principal of the institution, F.I.R. was lodged and now even the challan has been put in the Court for the criminal trial of the principal.

(3.) FROM the facts stated above in the application for condonation of delay, we are of the view that sufficient cause has not been shown for condoning the delay. Prima facie. even the complainant s Counsel states that the remedy under Fatal Accidents Act may be available to the complainants but they have to affix a good amount of Court -fee which the parents cannot afford but that can hardly be a ground for condoning the delay.