M.R. ANAND PRABHA Vs. SREELAKSHMI

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 28.6.2011 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission ') in Appeal No. Appeal No. 1727/2011 M.R. Anand Prabhakar Vs. Smt. Sreelakshmi by which application for condonation of delay and appeal filed by the petitioner/OP was dismissed.

(2.) BRIEF facts of the case are that complainant/respondent filed complaint and alleged that he kept some amount in four fixed deposits with the petitioner/OP and OP agreed to pay interest @ 24% p.a. OP did not return money, hence, after giving notice filed complaint for recovery of Rs.3,09,400.00. OP contested complaint but learned District Forum vide its order dated 26.7.2010 partly allowed complaint and petitioner was directed to refund a sum of Rs.1,77,000.00 with interest @ 12% p.a. Against this order petitioner filed appeal with a delay of 283 days and also moved application for condonation of delay which was dismissed by the impugned order and in consequence thereof appeal was also dismissed.

(3.) PETITIONER moved application for condonation of delay of 283 days before the State Commission on the ground that he had no personal income and he was dependent on his son who is an Engineer, got job in a multinational company 3 months back so he could not arrange Rs.25,000.00 for filing appeal. In his affidavit he further submitted that he had also preferred two appeal Nos. 421 and 422 of 2010 before the State Commission against other orders of District Forum and State Commission directed him to deposit Rs.25,000.00 in each appeal but he could not arrange funds and his aforesaid appeals were also dismissed by State Commission. Learned State Commission has rightly observed in its order that reasons assigned by the petitioner for condonation of delay does not constitute sufficient cause for condonating inordinate delay of 283 days. Learned State Commission has not committed any error in rejecting application for condonation of delay and in dismissing appeal.