LAWS(NCD)-1992-11-119

NARWANA GAS SERVICE Vs. PARMODH KUMAR

Decided On November 25, 1992
NARWANA GAS SERVICE Appellant
V/S
PARMODH KUMAR Respondents

JUDGEMENT

(1.) First Appeals No.330, 331 and 332 preferred by the same appellant are all directed against the order of the District Forum, Jind. These have been listed for hearing on the preliminary issue of limitation.

(2.) The orders under appeal are dated 7th of September, 1992, but the appeals have been received by post beyond the prescribed period of 30 days under Sec.15 of the Act. Mr. I. S. Lamba on behalf of the appellants very fairly conceded that the memorandum of appeal were despatched by ordinary post only. His attention was consequently drawn to the Rule 8 (1) of the Haryana Consumer Protection Rules which is in the following terms : -8 (1) : Procedure for hearing appeal, Sec.15. "memorandum shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the Commission".

(3.) Faced with the aforesaid provision Mr. Lamba had no explanation to offer and virtually conceded that in view of the mandate of the statute that the appeals must be preferred by the registered post, the same have not been filed in accordance therewith and, therefore, cannot be sustained.