LUDHIANA IMPROVEMENT TRUST LUDHIANA Vs. NIRMALJIT KAUR

JUDGEMENT

(1.) Vinay Kumar, Presiding Member These are a set of three appeals filed by Ludhiana Improvement Trust against the judgment of the State Consumer Disputes Redressal Commission, UT of Chandigarh, in CC Nos. 26-28 of 2005. On 6.9.2011, when the matter was taken up, no one was present for the parties. Therefore, the appeals were dismissed. Subsequently, the following order was passed by this Commission on 3.11.2011-

(2.) Accordingly, the matter was taken up on 7.12.2011 and the two counsels were heard on admission. The impugned common-order was passed by the State Commission on 30.7.2007. The three appeals against the same were filed in this Commission on 11.2.2011 i.e. after a long gap of over three and half years. Learned counsel for the respondents objected to admission of the appeals on the ground of inordinate delay of nearly 1280 days. He also argued that the application for condonation of delay does not even mention the number of days of delay. It merely seeks condonation on the ground that the delay was caused "due to various channels for obtaining sanction and for necessary instructions for filing the present appeal and thus the delay is so caused is not intentional but due to interdepartmental procedure".

(3.) During arguments on delay, the counsel for the appellant accepted that there was a delay of about 1280 days in filing the appeals, though not specifically mentioned in the application seeking condonation. The counsel also submitted an affidavit of 6.12.2011 from Shri Avtar Singh Azad, Executive Officer Ludhiana Improvement Trust. This is submitted as additional affidavit on condonation of delay. Para 4 of the affidavit of Shri Avtar Singh Azad reads as follows:-