ARVIND CHHABRA Vs. B.S.TIBREWAL

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners/opposite party against the order dated 24.04.2012 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission ') in Appeal No. 2308 of 2010 - Arvind Chhabra & Vishwanath Yadav Vs. B.S. Tibrewal by which, appeal was dismissed being time barred.

(2.) BRIEF facts of the case are that complainant/respondent filed complaint before District Forum and learned District Forum vide order dated 26.3.2009 allowing complaint directed OP to pay Rs.30,000/ - to the complainant along with interest @ 8% p.a., awarded Rs.1,000/ - as compensation for mental agony and Rs. 5,00/ - for cost of the proceedings. OP/Petitioners filed appeal before learned State Commission after 37 days of period of limitation and learned State Commission vide impugned order dismissed appeal as barred by limitation for non -filing of application for condonation of delay against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that learned District Forum passed ex -parte order against the petitioner and in such circumstances, delay of 37 days should have been condoned by learned State Commission and has committed error in dismissing appeal as time barred, hence, revision petition be admitted.