LAWS(NCD)-2013-4-45

REDIFF.COM INDIA LIMITED Vs. URMIL MUNJAL

Decided On April 11, 2013
Rediff.Com India Limited Appellant
V/S
Urmil Munjal Respondents

JUDGEMENT

(1.) M/s Rediff.com India Limited has filed this revision petition against concurrent orders of the District Consumer Disputes Redressal Forum, Gurgaon and Haryana State Consumer Disputes Redressal Commission. The revision has been filed with a delay of 327 days. In explanation of the same the application seeking its condonation says:

(2.) Thus, according to the revision petitioner, he came to know of the existence of the impugned order on 15.10.2012 and obtained a certified copy thereof on 18.10.2012. The copy of the impugned order filed before this Commission does show that the certified true copy was issued on 18.10.2012. Presumably, it will have been applied for sometime between the 15th and 18th of October, 2012. However, neither the condonation application nor the certified copy show the date on which it was applied for. Significantly, the endorsement on the same copy of the impugned order also indicates that free of cost copy of the impugned order dated 19.9.2011 was already supplied on 17.10.2011. The copy supplied on 18.10.2012 was a duplicate copy. It is therefore clear that the claim of the petitioner that he came to know about the existence of the impugned order one year later, on 15.10.2012 has no factual basis.

(3.) The certified copy of the impugned order also shows that the order was pronounced on 19.9.2011. This date is carried at the beginning as well as at the end of the order. In the face of this, the claim in para 3 of the condonation application that the appeal was last heard on 19.9.2011 and was kept pending for orders, becomes a blatant lie. Moreover, the revision petitioner was not ex-parte before the State Commission and should therefore have been fully aware of the proceedings before the State Commission including when the case was reserved for orders and when was the order pronounced. We therefore have no hesitation in rejecting the application of this inordinate delay 327 days as totally unacceptable. The revision petition is therefore liable to be dismissed on the ground of delay alone.