SURENDRA PARMAR Vs. BAI HAVLI

JUDGEMENT

(1.) THE present revision petition has been filed by Dr.Surendra Parmar (hereinafter referred to as the Petitioner) against the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the State Commission) which had dismissed his appeal on the grounds of there being a delay of 1261 days in filling the appeal.

(2.) COUNSEL for the Petitioner was present and requested that the delay of 1261 may be condoned on the grounds that the advocate who was entrusted with the case, Shri J.K. Desai, was suffering from Cirrhosis of Lever with Hepatitis B and died on 31.10.2003. Thereafter the Petitioners mother who was suffering from multiple diseases expired on 14.12.2003. Soon after in 2004 the niece of the Petitioner was detected as suffering from Peripheral Thrombosis and Petitioner had to attend to her treatment in Hyderabad for about six months. It is because of all these misfortunes which are extenuating circumstances that the appeal could not be filed in time. COUNSEL for Petitioner also submitted a ruling of the Honble Supreme Court in Collector, Land Acquisition, Anantnag Vs. Katiji AIR 1987 SC 1353 stating that this ruling was relevant in the present case because he had shown sufficient cause for the delay and, therefore, it deserved to be condoned in the interest of justice. We have considered the averments of the learned counsel for the Petitioner.