JAGDISH CHANDER Vs. EDGE IMMIGRATION COMPANY

JUDGEMENT

(1.) This is an application seeking condonation of delay of 73 days in filing the appeal against order dated 9.1.2004 passed by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.720 of 2003-H/capt. Jagdish Chander V/s. Edge Immigration Company, Chandigarh.

(2.) The appellant/complainant conducted the proceedings before the District Forum in person. The complaint was dismissed vide order dated 9.1.2004 and a certified copy of the judgment was prepared and signed on 17.2.2004. It has been contended by the learned Counsel for the appellant that the appellant collected the copy of the judgment on the date it was prepared, which in the instant case was 17.2.2004. Taking this date to be the date of knowledge of the order, the appeal was to be filed up to 18.3.2004. The appeal was actually filed on 22.4.2004, which is delayed by 34 days and not 73 days. It appears that 73 days have been calculated by treating the date of the judgment as the starting point of limitation because in that case, the date of the judgment would be 9.1.2004, which would give period of 30 days of limitation up to 8.2.2004. The delay would then start running from 9.2.2004.21 days in February, 2004, 31 days of March, 2004 and 21 days in April are the days of delay, which on adding up, would come to 73 days.

(3.) Under the provisions of the Consumer Protection Act, 1986 [for short hereinafter referred to as the C. P. Act, and under Rule 4 Sub-rule (10) of the Chandigarh Consumer Protection Rules, 1984, the order of the District Forum is to be communicated to the parties free of charge. In the instant case, the copy of the order was prepared on 17.2.2004 and, therefore, the starting point of limitation would be 17.2.2004 and not 9.1.2004. The appellant has due to misapprehension wrongly calculated the delay as 73 days.