GENERAL MANAGER TELECOM RAJKOT Vs. JAYANTILAL HEMCHAND GANDHI

JUDGEMENT

(1.) -This is Revision Petition against the order of the State Commission, Gujarat passed on 22.6.1992 in an application for Restoration of appeal No. 48/91, which was dismissed for default on 6th September, 1991.

(2.) The application for restoration was also dismissed on the ground of delay. The petitioner's contention is that there is no provision of any special time limit for filing the said application. It is only stipulated in the case of an appeal that it has to be filed within 30 days of the passing of a final order. There is no force in this argument. Yet the application for restoration should have been made within a reasonable time limit. Moreover, there is no provision for a review or restoration application in the Consumer Protection Act, 1986.

(3.) The petitioner has also argued that the State Commission has erroneously upheld the District Forum's order, by dismissed their appeal, as the District Forum has entertained a petitioner filed in 1991 of a case, the cause of action of which arose in 1976 - 15 years earlier. And by its order of giving relief to the complainant, the District Forum has tried to nullify Rule 422 of the Indian Telegraph Rules, whereby telephones disconnected under emergency situation such as the use of phone for anti-national activity are not liable to be restored.