LAWS(NCD)-2010-5-57

HUDA Vs. NARAIN DASS

Decided On May 26, 2010
HUDA Appellant
V/S
NARAIN DASS Respondents

JUDGEMENT

(1.) DELAY of 49 days in filing the Revision Petition is condoned.

(2.) STATE Commission has dismissed appeal on the ground of delay as well as on merits. There was a delay of 83 days in filing the appeal, which is over and above the statutory period of 30 days given for filing the appeal. Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days. The delay of 83 days, which is nearly three times the statutory period given for filing the appeal, could not be condoned without showing sufficient cause. The only cause shown was that the file was moving from table to table. State Commission held that this was not sufficient cause, with which I agree. Delay of 3 times the statutory period given for filing the appeal cannot be condoned, especially under the Consumer Protection Act, as the cases have to be decided in a summary manner within a given time frame.

(3.) EVEN on merits, there is no substance in this Revision Petition. Dismissed. R.P. dismissed.