BIHAR STATE HOUSING BOARD Vs. GEETA CHOUDHARY

JUDGEMENT

(1.) THE first appeal filed by the Bihar State Housing Board, the petitioner, was dismissed as barred by time by the State Commission vide its order dated 17.10.2011. There was delay of 15 months in filing the said appeal.

(2.) AGGRIEVED by that order, the revision petition has been filed. The explanation given by the petitioner under Section 5 of the LIMITATION ACT, 1908 read with Section 15 of the Consumer Protection Act before the State Commission was as follows, the order passed by the District Forum was communicated on 25.6.2010, which was received by the petitioner 's counsel and the same was sent to the legal advisor of the Housing Board, who received it on 6.7.2010. The permission was granted by the Managing Director, Housing Board to file appeal on 14.7.2010. It was sent to empanelled lawyer of the petitioner on 16.7.2010 but the empanelled lawyer Shri Nawal Kishore Prasad Singh expressed his inability to appear before the State Commission and thereafter another counsel empanelled for the Housing Board, namely, Rakesh Kumar Singh was handed over the file for drafting of memo of appeal, which was received by Sri Singh on 23.07.2010 but even after several reminders, Sri Singh returned the record with the draft copy of memo of appeal on 16.12.2010. Thereafter several paraphernalia were observed by the Board officials and ultimately the office had to obtain necessary directions from the Managing Director, Housing Board and after direction of the Managing Director, the appeal was filed on 13.09.2011. It took 15 months in filing this appeal. The State Commission did not condone the delay and dismissed the appeal.

(3.) WE have heard the learned counsel for the petitioner. He argued that in the interest of justice, opportunity of being heard should be granted in favour of the petitioner.