PARAMESH, MANAGING DIRECTOR Vs. SHIVASHANKARAPPA

JUDGEMENT

(1.) THIS Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by Opposite Party No.1, the Dealer, against order dated 10.03.2011 passed by the Karnataka State Consumer Disputes Redressal Commission at Bangalore (for short "the State Commission") in First Appeal No. 747 of 2011. By the impugned order, the State Commission has dismissed the said Appeal, preferred by the Petitioner herein, questioning the correctness of order dated 24.01.2011, passed by the District Consumer Disputes Redressal Forum at Chitradurga (for short "the District Forum") in Complaint No.98 of 2010, preferred by Respondent No.1/Complainant. Partly allowing the complaint, the District Forum had directed the Opposite Parties, including the Petitioner, to deliver a new Maruti Suzuki Dzire VDI car of the same model and to pay life tax, insurance and registration charges to the Complainant and to jointly and severally refund the sale price of the car, i.e. Rs.5,81,088/ - with 10% interest from 03.08.2009 till the date of realization, after deducting Rs.40,000/ - already paid by the Petitioner on 13.12.2009. Besides, the Opposite Parties were also directed to pay Rs.75,000/ - as compensation towards mental agony and travelling expenses etc. and Rs.4000/ - as litigation costs.

(2.) IT is pointed out by the office that this Revision Petition is barred by limitation, as there is inordinate delay of 1161 in filing the same. An application for condonation of the said delay has been filed along with the Revision Petition. In paragraphs no. 3 to 6 of the said application, the explanation furnished is as under:

(3.) WE have heard learned counsel for the Petitioner on the question of delay.