GAUTAM AGARWALA Vs. UTTAM KUMAR CHATTERJEE

JUDGEMENT

(1.) Heard Mr. Manish Kohli, Advocate, for the appellant and Mr. Kunal Chatterji, Advocate, for respondent-5.

(2.) Gautam Agarwala, an owner of Flat No.1-C, Front Block, Mangalam Apartments, has filed above appeal from the order of State Consumer Disputes Redressal Commission, West Bengal, Kolkata, dtd. 1/10/2019, passed in CC/9/2018 Mr. Uttam Kumar Chatterjee and another Vs. Jayshree Tea & Industries Ltd. and others.

(3.) The office has reported that the appeal has been filed with delay of 504 days. The appellant has filed IA/2701/2021 for condonation of delay in filing the appeal. The appellant has stated that he was not arrayed as the party in CC/9/2018 and had no notice of it. On 14/10/2020, the police authorities forced the wife of the appellant to remove the appellant's car, parked at parking slot i.e. at the north-east corner of the front block of the building Mangalam Apartments. On questioning, the police authorities informed that they were implementing the order of State Consumer Disputes Redressal Commission, West Bengal, Kolkata, dtd. 29/9/2020, passed in IA/315/2020 filed in EA/165/2019. Under legal advice, the appellant filed Writ Petition No.9485 of 2020, for mandamus and quashing entire proceeding of EA/165/2019 before Kolkata High Court on 19/11/2020, which was dismissed as infructuous on 24/12/2020. Then the appellant was advised to file an appeal against order dtd. 1/10/2019, passed in CC/9/2018. Then the appellant applied on 10/2/2021, for issue of certified copy of the order dtd. 1/10/2019, which was issued to him on 19/2/2021. Then the appeal was drafted and filed on 18/3/2021. The appellant had no notice of CC/9/2018. It is only on 14/10/2020, the appellant came to know about the order dtd. 1/10/2019. At that time Supreme Court has waived the limitation in Suo Moto Writ Petition No.3 of 2020, due to pandemic in country, which was continuing till the date of filing of the appeal. Causes shown are sufficient. Delay in filing the appeal is condoned.