LAWS(NCD)-2012-8-8

A ASAITHAMBI Vs. COMPANY SECRETARY

Decided On August 01, 2012
A Asaithambi Appellant
V/S
V. KANNAN Respondents

JUDGEMENT

(1.) The State Commission while accepting the appeal arising out of order of District Forum held that since the petitioner was not a consumer, the complaint filed by him was not maintainable. Aggrieved by that order, the present revision petition has been filed. There is a delay of 114 days.

(2.) First of all, we decide the question of limitation. The pleas set up in the application for condonation of delay shortly stated are these. After receipt of certified copy on 30.11.2011, the petitioner could not go over to Chennai immediately. He went to Chennai on 20.12.2011. No reason has been given why there was a delay of 20 days. His advocate wanted to study the papers at Chennai. He gave the opinion on 26.1.2012. The petitioner did not have any contact in Delhi. He got the address of counsel at Delhi only on 20.2.2012. The papers were sent in March, 2012. The Advocate at Delhi wanted clarifications which were received in the second week of March, 2012. Thereafter the revision petition was filed. The record reveals that there is delay of 114 days. The learned counsel for the petitioner vehemently argued that due to mistake on the part of the counsel delay should be condoned.

(3.) The above said pleadings clearly go to show that there was no genuine mistake on the part of the advocate. The names of the advocates were also withheld. The litigant is supposed to be vigilant and should have filed the appeal within time. Why an advocate should take 114 days in order to give advice in such like small cases. He should have given the advice in a jiffy. The case of the petitioner is clearly barred by time and is supported by the authorities reported in Anshul Aggarwal v. New Okhla Industrial Development Authority, 2011 4 CPJ 63 ; R. B. Ramlingam V. R. B. Bhavaneshwari, 2009 1 CalLT 188 ; Ram Lal and Others v. Rewa Coalfields Ltd., 1962 AIR(SC) 361; Sow Kamalabai, W/o Narasaiyya Shrimal and Narsaiyya, S/o Sayanna Shrimal Vs. Ganpat Vithalroa Gavare, 2007 1 MhLJ 807; Banshi Vs. Lakshmi Narain, 1993 1 RLR 68.