PROFESSIONAL COURIERS Vs. NAKUL VASANTKUMAR MORAKHIA

JUDGEMENT

(1.) Challenge in this First Appeal under Sec. 19 of the Consumer Protection Act, 1986 (for short the "Act") by the Complainant, is to order dated 31.3.2014, passed by the State Consumer Disputes Redressal Commission, Gujarat (for short the 'State Commission') in Complaint Case No. 67 of 2010. By its impugned order, the State Commission directed the Respondent to pay to the Appellant Rs. 31,36,695.00 within 30 days from the date of the order by calculating 9% interest from filing of this complaint till the date of realisation along with Rs. 15,000.00 towards mental agony and Rs. 5,000.00 towards costs.

(2.) This Appeal has been filed with a delay of 502 days. Learned counsel for the Appellant/Opposite Party submitted that the notice was not sent by the State Commission, but by the Advocate and that the notice was not served on them. In the application seeking condonation of delay, the Appellant had submitted that it was only in the Execution Proceedings i.e. E.A. No. 06 of 2015 that the Appellant had first come to know about the complaint filed before the State Commission. The Appellant stated that the Summons Notice was received only on 3.8.2015 and they immediately took steps in procuring the certified copy of the relevant documents by applying for the same on 19.8.2015 which were made available on 24.8.2015. Learned counsel for the Appellant submitted that no proper service had been affected upon the Appellant under due process of law and the Appellant was proceeded ex-parte before the State Commission.

(3.) Recently, the Honourable Supreme Court in A.T.S. Govindarajane Vs. Chief Manager, State of India in Civil Appeal No.(s) 10289 of 2014, condoned the delay of 149 days and held as follows:-