GOBINDA KUMAR NAG Vs. RANJIT KUMAR BANERJEE

JUDGEMENT

(1.) THIS revisional application has been filed against an order dated 1st October 2013 passed by the State Consumer Disputes Redressal Commission, West Bengal in SC Case No. FA/427/13 whereby the State Commission refused to admit an appeal against the order dated 23rd August, 2010 passed by the District Consumer Disputes Redressal Forum at Siliguri passed in Case No. CC/21/10, on the ground that the delay of 933 days in filing the appeal has not been sufficiently explained.

(2.) THE opposite party filed a complaint before the District Forum, Siliguri, being Case No. CC/21/10 wherein he contended that pursuant to an advertisement published by the petitioner to sell the ground floor of his residential house, the opposite party entered into an agreement with the petitioner on 29th July, 2008 for purchase of the said property. On 20th April, 2009, a deed of conveyance was executed by the petitioner in favour of the opposite party in respect of the said ground floor of the dwelling house of the petitioner. On 12th August, 2009 another agreement was entered into by and between the petitioner and the opposite party for mutual exchange of the ground floor of the said building with the first floor flat along with roof of the said house. In the complaint, the opposite party essentially prayed for enforcement of such exchange agreement and prayed for execution and registration of a deed of exchange by the petitioner conveying the first floor to the opposite party in exchange of the ground floor already purchased by the opposite party and a deed of conveyance conveying the roof of the building in favour of the opposite party.

(3.) THE petitioner contends that while contesting the said case he became seriously ill and could not keep contact with his Ld. Advocate till 21st June, 2012. Thereafter, when he inquired into the matter he came to learn that the Ld. District Forum at Siliguri, by a judgment and order dated 23rd August, 2010 had allowed the said consumer case ex parte directing the petitioner to execute and register the deed of exchange and the deed of conveyance as prayed for in the complaint in favour of the opposite party.