RELIANCE INFOCOMM SERVICE Vs. BIKASH HAZRA

JUDGEMENT

(1.) THE District Consumer Disputes Redressal Forum, Dhanbad, by impugned order dated 12.6.2006, passed in Complaint Case No. 67 of 2005 has directed the appellant, Reliance Infocom Service, to pay a sum of Rs. 50,000 by way of compensation to the respondent.

(2.) APPEAL , according to the office report, is barred. Limitation to file appeal against the impugned order expired on 12.7.2006, whereas it was filed on 9.8.2006. By order dated 10.8.2006 the petition filed for condonation of delay was directed to be considered at the time of hearing. Heard both parties on the limitation matter. No rejoinder has been filed by the respondent. A free copy of the impugned order was not supplied by the District Forum. Hence on 29.6.2006, certified copy thereon was obtained and sent to Mumbai office of the appellant, where on perusal, it was decided to file appeal. On 24.7.2006 records of the case was obtained from the Dhanbad Lawyer. On 25.7.2006 Ranchi Lawyer was contacted to draft Memorandum of Appeal. It was drafted on 28.6.2006 and ultimately finalised on 31.7.2006 and then sent to Kolkata for signature and affidavit by the authorised signatory of the appellant. A cheque for the statutory amount of Rs. 25,000 for the purpose of Appeal was prepared on 5.8.2006. Necessary affidavit was sworn in at Kolkata on 7.8.2006 and thereafter the present appeal was filed on 10.8.2007. In the aforesaid circumstances, we find that sufficient explanation has been furnished for the delay caused in filing the appeal. The said delay is, therefore, condoned.

(3.) THE complainant -respondent filed complaint case under the provisions of the Consumer Protection Act, 1986 against the opposite -party - appellant alleging deficiency of service which caused mental agony and professional loss to him and, therefore, he claimed Rs. 75,000.00 to be paid as compensation.