MODI INDUSTRIES Vs. N K CHHABRA

JUDGEMENT

(1.) THIS Petition has arisen out of the Order dated 10th November, 1994 passed by the State Consumer Disputes Redressal Commission, Union Teritory, Chandigarh in Appeal Case No. 212 of 1993 filed by the present Petitioner Modi Industries who was the opposite party before the District Forum in the complaint filed by the present respondent, N.K Chhabra.

(2.) THE brief facts leading to this Revision Petition are that the District Forum had disposed of the complaint vide order dated 13th October, 1992. The present Petitioner sent the appeal memorandum to the State Commission by registered post which was received in that office on 23rd November, 1993 i.e. after 41 days from the date of the order of the District Forum. Relying upon Section 15 of the Consumer Protection Act, 1986 and Sub-rule (4) of Rule 8, Chandigarh Consumer Protection Rules, 1987, the State Commission dismissed the appeal as barred by time as there was no application filed the appellant, therein for condoning the delay.

(3.) IT has been the consistent view of this Commission that the period of limitation of 30 days for filing an appeal under Section 15 of the Act shall be computed against the appellant only from the date on which a copy of the order was communicated to the appellant unless it be a case where the order has been announced in his presence in open Court. Thus, the appeal filed before the State Commission was clearly within limitation and in such circumstances there was no necessity for the Petitioner to file an application for condonation of delay in filing the appeal before the State Commission. The impugned order is contrary to the aforesaid principle and it is, therefore, liable to be set aside.