E I D PARRY I LTD Vs. GOURISHANKAR

JUDGEMENT

(1.) Facts which were admitted by the parties at the time of hearing of this application need to be briefly noted. In this behalf we may also observe that at the time of hearing, we had summoned the record of the District Forum below relating to delivery of copy to the applicant. Necessity was felt keeping in view the averments made in the application for condonation of delay. District Forum below in Complaint No.343/1999 on 16.8.2004 passed the following order while disposing of the complaint. ". . . . . . . . . . . . . . . . . . . . Thus, we are of the view that taking taking into account the entirety of the facts and circumstances of the case, the complainant is entitled to 2/3rd of the amount which she had to spend on the purchase of the new tyres as it is the admitted case of the complainant that the tyres originally fitted in the vehicle did cover a distance of 5,000 kms. Thus, we are of the view that the ends of justice would be met in case the complainant is held, entitled to a sum of Rs.4,000 along with interest at the rate of 12% per annum with effect from the date of filing of the complaint, i. e.26.5.1999, till actual payment is made. The cost of litigation is quantified at Rs.1,000. Be it stated here that the decision of this case shall have no effect on the claim if any preferred by the OP No.1 to the OP No.2 in respect of the defective tyres. This order be complied by the OP No.1 within a period of forty-five days from the date of receipt of copy of this order. "

(2.) From the certified copy of the impugned order filed with the appeal, it is evident that copy was applied for on 8.7.2005 and it was made available on the same date to the appellant on payment of Rs.17 as fee.

(3.) From the date of decision, appeal is time barred, therefore, M. A. No.368/2005 was filed for condoning the delay in filing of same.