DELHI JAL BOARD Vs. PRADEEP KUMAR DUBEY

JUDGEMENT

(1.) This Revision Petition by Delhi Jal Board (for short "the Jal Board") is directed against order dated 26.3.2014 passed by the State Consumer Disputes Redressal Commission, Delhi (for short "the State Commission") in FA/243/2013. By the impugned order, the State Commission has dismissed the Appeal preferred by the Jal Board on the ground that it had failed to deposit a sum of Rs.500/-, which was condition precedent for condonation of delay in filing the Appeal.

(2.) It appears from the record that vide order dated 19.9.2013, the State Commission had condoned the delay in filing the Appeal by the Jal Board, subject to payment of costs of Rs.500/- by it. The said amount was to be paid before 26.3.2014. As noted above, since the requisite deposit was admittedly not made, the Appeal was dismissed as barred by time, with the result that the order, dated 3.12.2012, passed by the District Consumer Disputes Redressal Forum-II, New Delhi (for short "the District Forum"), in Case No.258/2011, attained finality.

(3.) Upon notice, the Respondent has appeared in person and argued his case. In the memo of Appeal, it is pleaded that order dated 19.9.2013 could not be complied with as the counsel, who had been engaged to appear on behalf of the Jal Board before the State Commission, had inadvertently failed to note the next date of hearing. In support, an affidavit has been filed by the counsel himself, explaining the circumstances under which the aforesaid order could not be complied with.