OM PRAKASH AGARWAL Vs. PRIYANKA SAHA

JUDGEMENT

(1.) The Petitioner, Dr. Om Prakash Agarwal, prefers the present Revision Petition under Section 21 of the Consumer Protection Act, 1986 against the order dated 29.10.2013 passed by the State Consumer Disputes Redressal Commission, West Bengal (in short, 'State Commission') in First Appeal No. 200 of 2013. The State Commission allowed the Appeal. The Appeal was filed by the Petitioner against the order of the District Consumer Disputes Redressal Forum, (in short, 'District Forum') Kolkata, West Bengal dated 31.12.2012 in Consumer Complaint No. 185 of 2009. The District Forum allowed the Complaint of the Complainants.

(2.) There is delay of 333 days in filing this Revision Petition. The Counsel for the Petitioner, Mr. Sourabh Gupta and Mr. Puneet Yadav were present and argued vehemently, that the delay was not intentional and the case on merits is good. Perused the application for Condonation of delay. The delay is explained in Paras 3 to 7 of the application for Condonation of delay. On a careful perusal, it appears to be a well built up story to avoid liability and delay the proceedings. Some interesting relevant paragraphs are reproduced as:

(3.) The copy of the order dated 29.10.2013 passed by the Hon'ble State Commission was received by the Petitioner on 08.01.2015 through post. After receiving the Impugned Order, it came to Petitioner's knowledge that the Hon'ble State Commission has decided the case against the Respondent. In the third week of January, 2014 the Petitioner approached his counsel who contested his case in the Hon'ble State Commission to given an opinion whether he should file a revision against the Impugned Order.