ORIENTAL INSURANCE CO LTD Vs. CHANDRAKANT KISAN KHATALE

JUDGEMENT

(1.) There is a delay of 86 days in filing this revision petition. It is explained that it took time to get the impugned order translated. The said order is in Marathi language. It is further averred that after getting files, translation etc., the opinion was sought which was received in the second week of April, 2012. The counsel was deputed in this matter in the month of May, 2012. The State Commission passed the order on 12.12.2011. Learned counsel submits that all the above said facts delayed the filing of this appeal by 86 days.

(2.) We find that the explanation given by learned counsel is not satisfactory. This is a lame excuse which hardly finds favour with the courts. The following authorities fully dovetail with this view. In Anshul Aggarwal v. New Okhla Industrial Development Authority, 2011 4 CPJ 63, it has been held that "It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain highly belated petitions filed against the orders of the Consumer Foras".

(3.) Other authorities i.e. Ram Lal and Others v. Rewa Coalfields Ltd., 1962 AIR(SC) 361; Delhi Development Authority Vs. Ramesh Kumar, 1996 2 CivCC 150 , and the latest judgment of the Apex Court in the case of Office of the Chief Post Master General & Ors. Vs. Living Media India Ltd. & Anr., 2012 STPL(Web) 132 go a long way to fortify the case of the opposite party.