ARVIND Vs. GUNASHEKARAN

JUDGEMENT

(1.) THERE is a delay of 432 days in filing the instant first appeal. The appellant has moved an application for condonation of delay. The delay is explained in paras 2 and 3, which are reproduced as under:

(2.) IT may be mentioned here that the impugned order was passed on 19.7.2013. A writ petition before the Hon'ble High Court was filed on 28.8.2013. The writ petition before the Hon'ble High Court was withdrawn on 15.7.2014. The Hon'ble High Court did not give any liberty to approach this Commission within a certain period. The first appeal was filed on 7.11.2014 i.e. after expiry of 30 days from the date order of Hon'ble High Court. There is huge delay.

(3.) LEARNED counsel for the appellant submits that he was trying to have certified copy which he received on 20.10.2014. This is no ground at all. Time had already elapsed. The appellant should have got the certified copy, immediately, within a period of 30 days. Moreover, Consumer Protection Act, 1986 is clear, specific and unequivocal. It does not provide any provision to approach the Hon'ble High Court. This was held by the Supreme Court as back as in the year 2010. In M/s Advance Scientific Equipment Ltd. and Anr. Vs. West Bengal Pharma and Photochemical Development Corporation Ltd. (Appeal Civil Nos. 17068 -17069/2010 decided on 09.07.2010), Hon'ble Supreme Court was pleased to hold: