LAWS(NCD)-2016-7-17

COMMANDANT Vs. KASHMIRA & 2 ORS.

Decided On July 08, 2016
COMMANDANT Appellant
V/S
Kashmira And 2 Ors. Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 31.03.2015 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 139/2015 The Commandant, 29 Battalion Vs. Kashmira & Ors. by which, appeal was dismissed as barred by limitation.

(2.) Brief facts of the case are that Complainant / Respondent No.1 filed complaint before District forum against OP No. 2/petitioner and OP No. 1 and 3/Respondent No. 2 & 3 and learned District Forum vide order dated 1.11.2013 allowed complaint and directed OP No. 1 & 2 to pay Rs. 16 lakhs to the complainant along with Rs.25,000/- as compensation and Rs. 10,000/- as litigation expenses. OP No. 2 filed appeal before learned State Commission along with application for condonation of delay and learned State Commission vide impugned order dismissed appeal as barred by 439 days against which, this revision petition has been filed along with application for condonation of delay.

(3.) Learned Counsel for the petitioner submitted that delay occurred in obtaining permission from various offices of the Government Department(s) and in translation of documents; hence, delay may be condoned and revision petition may be admitted.