JEEVANTI DEVI Vs. COMMERCIAL MOTORS

JUDGEMENT

(1.) THESE revision petitions have been filed by the Petitioner/Complainant against the order dated 14.09.2012 passed by the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (in short, 'the State Commission ') in Appeal Nos. 43 and 44 of 2011 - Commercial Motors Vs. Smt. Jeevanti Devi and Anr. and Tata Motors Ltd. Vs. Smt. Jeevanti Devi and Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) BRIEF facts of the case are that complainant/petitioner filed complaint before District forum and learned District Forum vide order dated 22.1.2011 allowed complaint and directed OPs to pay Rs.5,69,085/ - (cost of Tata Winger UK04 -PA -0020) along with interest and cost. Appeal filed by the OP was allowed by learned State Commission vide impugned order and complaint was dismissed against which, this revision petition has been filed with application for condonation of delay of 135 days.

(3.) IN application for condonation of delay, petitioner submitted that petitioner is a senior citizen and an old lady residing in a distant place in District Nainital and she has a history of prolonged illness. It was further alleged that petitioner was not aware about the order, but respondents informed to the petitioner that State Commission has dismissed complaint; so, petitioner may take back her vehicle from respondent 's premises. Petitioner asked her son to enquire who confirmed that order has been passed by State Commission. Thereafter, petitioner consulted his family friends and well -wishers, who advised him to file appeal against the order. Thereafter, son of the applicant contacted Counsel at New Delhi. Counsel got the documents translated in English from Hindi and then revision petition has been filed and further submitted that delay was neither intentional nor deliberate which may be condoned.