MEERA Vs. BHILAI STEEL PLANT

JUDGEMENT

(1.) THIS appeal, under Section 115 of the Consumer Protection Act, 1986, is directed against the order dated 28.12.2004, passed in Complaint No. 163/2003 by the District Consumer Disputes Redressal Forum, Durg (hereinafter referred to as the District Forum for short) whereby the complaint was dismissed by the District Forum.

(2.) AGGRIEVED by the aforesaid order the complainant has preferred this appeal on 17.2.2005. As the appeal is time barred the appellant has also filed an application under Section 5 of the Limitation Act for condoning the delay in filing the appeal. The appellant has also filed her affidavit in support of the aforesaid application. The reason for delay as stated in the application was that the husband of the complainant is employed with the Central Industrial Security Force and for the last one year he was continuously on duty at Delhi and the appellant was also residing at Delhi with her husband and for this reason the appellant could not contact her Counsel. When she came to Durg on 28.1.2005 to meet her family members she contacted her Counsel and came to know about the order dated 28.12.2005. Hence the delay in filing the appeal. It stated in the application that there was good and sufficient cause for delay and the appellant has prayed for condoning the same.

(3.) THE learned Counsel for respondent has filed reply to the aforesaid application and alleged the averments contained in the application to be false. It is further averred that the appellant has failed to file any document whatsoever to prove the contents of the application. The appellant has failed to prove any just and reasonable cause for delay in filing the appeal hence the same is liable to be dismissed.