CHANDIGARH ADMINISTRATION Vs. HARINDER SINGH

JUDGEMENT

(1.) The appellant seeks condonation of delay of 45 days in filing this appeal against order dated 10.9.2002 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.585 of 1999.

(2.) It is alleged that the certified copy of impugned order was received in the office of the appellant on 27.9.2002 and thereafter the matter was dealt with in different sections of the department and the appeal was filed belatedly on 12.12.2002. The only reason mentioned in para 2 of the application as also of the affidavit sworn by Shri Rajnish Garg, Sub-Divisional Officer, Electricity 'o. P. ' S/div.3, Sector 18, Chandigarh is that the delay occurred in dealing with the matter regarding the filing of the appeal in different sections of the appellant-department. It has also been averred that the delay is not intentional.

(3.) Suffice it to say that the appellant has not furnished any details about the dealing of the file for taking the decision to filing an appeal, either in the application or the affidavit. In the absence of the details regarding the various levels/stages at which the matter was examined, it is difficult for this Commission to hold that the reasons for the delay are sufficient. The Hon'ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter referred to as the National Commission) has in the case of Vice Chairman, DDA V/s. O. P. Gauba,1995 3 CPJ 18 (NC)=1886-96 National Commission and SC on Consumer Cases Page 2731 (NS), held in para 5, inter alia, as under : ". . . . It was the duty of the DDA to establish as to how the matter was dealt with at all levels and each day's delay had to be satisfactory explained. Inter office consultation for prolonged periods cannot constitutes sufficient cause for condonation of delay. The delay cannot be condoned as a matter of generosity because the process of working in D. D. A. has resulted in the delay. . . . "