ARUN NAGRATH Vs. RAFIQUE KHAN

JUDGEMENT

(1.) As per the record of the Registry, there is a delay of 1879 days in filing this Revision Petition. Accordingly, IA No. 5433 of 2024 has been filed on behalf of the Petitioner seeking Condonation of delay. In the said IA, it is submitted that the above- captioned petition has been filed by the Appellant against the impugned order dtd. 31/3/2021 passed by the Ld. State Consumer Disputes Redressal Commission, Lucknow in Review Application No. 24/2021 and final order dtd. 14/11/2018 passed by the State Consumer Disputes Redressal Commission, Lucknow in Appeal No. 1389 of 2014. He further submitted that the petitioner is a 75+ years, senior citizen with serious health conditions and the Appellant undergoes dialysis for advance chronic kidney disease since 2018. Therefore, the petitioner could not file this petition in due time as he was under strict lockdown due to the pandemic and he being a highly vulnerable target for Covid-19 since 2020. It was also pertinent to mention that the petitioner was informed regarding the legal proceeding against him for the very first time, in 2019.

(2.) As regards period of limitation for filing of a Revision Petition, Regulation 14 of the CP (Consumer Commission Procedure) Regulations, 2020 inter alia stipulates that:-

(3.) In the present Revision Petition, the State Commission passed the Order on 14/11/2018. The limitation for filing the Revision Petition before this Commission is 90 days. However, this period would commence from the date of receipt of the Impugned Order by the Petitioners i.e. 14/11/2018 while the limitation lapsed on 11/2/2019. However, the present Revision Petition was filed on 5/4/2024. Therefore, there is a delay of 1879 days (12/2/2019 to 4/4/2024).