LAWS(NCD)-2021-9-35

NAKODA MACHINERY PVT. LTD Vs. JOHN CRASTA

Decided On September 21, 2021
Nakoda Machinery Pvt. Ltd Appellant
V/S
John Crasta Respondents

JUDGEMENT

(1.) Heard Mr. Vijay Kumar Pandey, Advocate, for the petitioner and Mr. Manu Krishnan, Advocate, for respondent-1, through video conferencing. None appeared for respondent-2.

(2.) This revision has been filed against the order of State Consumer Disputes Redressal Commission, Kerala dated 18.08.2015, passed in First Appeal No. 35 of 2014 (arising out of order of District Consumer Disputes Redressal Forum, Kasaragod dated 29.11.2013, passed in Consumer Complaint No. 26 of 2012), whereby the complaint was allowed and the petitioner was directed to replace Rock Breaker with a new one or refund Rs.6,25,000/-, pay Rs.1,00,000/- for physical and mental harassment and Rs.3000/- as the cost of litigation and the appeal filed by the petitioner has been dismissed.

(3.) The office has submitted report that the revision has been filed with delay of 400 days. The petitioner has filed an application for condonation of delay (I.A. No. 12640 of 2016), in which, it has been stated that State Commission, after hearing the arguments, in the appeal, reserved the judgment. The counsel for the petitioner told that after delivery of judgment, a certified copy of the same would be sent to the petitioner. When for a long time, the petitioner did not receive the copy of the judgment, then he wrote letters dated 16.06.2016, 19.08.2016 and 08.12.2016, to his advocate for updating the result of the appeal but his advocate did not reply. The petitioner also searched the status of the appeal on internet. Then he could know that the appeal was dismissed on 18.08.2015. The petitioner immediately downloaded the judgment and printed it. He came to Delhi on 11.12.2016 and contacted his counsel. Thereafter, the revision was drafted and filed on 20.12.2016. The delay has been caused for the reason that State Commission has failed for supply the copy of the judgment. This Commission, vide order dated 22.10.2019, called for a report from Registrar, State Consumer Disputes Redressal Commission, Kerala to the effect as to when free copy of the judgment was supplied to the petitioner. Registrar, State Commission, vide letter dated 26.11.2019, apprised that sending free copy of the judgment dated 18.08.2015 to the petitioner was not verified. In the facts and circumstance of the case, I.A. No. 12640 of 2016 is allowed and delay in filing of the revision is condoned.