KOHINOOR INTERNATIONAL Vs. INTRA SHIP

JUDGEMENT

(1.) THIS order will govern the disposal of identical applications filed under Section 24a of the Consumer Protection Act, 1986 (for short the 'act') for condonation of delay in filing Original Petition Nos. 444/2002, 445/2002, 447/2002, 448/2002 and 449/2002. In former two complaints, M/s. Kohinoor International is the complainant while in later three complaints M/s. M. G. Exports is the complainant. Opposite parties are same in all the five complaints.

(2.) FOR the sake of brevity the facts are being taken from the application filed in said O. P. No. 444/2002. It is alleged that complainant had filed O. P. No. 81/1999 in the State Commission on 28. 9. 1999 well within limitation period. Notices in the complaint were issued, evidence was adduced and arguments were heard by the State Commission. By the order dated 2. 5. 2001 which came to the knowledge of complainant only on 6. 9. 2001 the complaint was ordered to be returned for being presented before the National Commission on the ground that the total amount involved therein was above Rs. 20 lakh which was beyond its pecuniary jurisdiction. Complaint was, thereafter, re-filed along with a miscellaneous application restricting the total claim to Rs. 16,98,307 after waiving interest @ 24% p. a. On being pointed out that only a fresh complaint would lie, the application was withdrawn on 5. 10. 2001. Thereafter Complaint Case No. 113/2001 was filed in the State Commission limiting the total claim to Rs. 16,98,307. This complaint was dismissed by the State Commission by the order dated 12. 8. 2002. Hence, this complaint is being filed by the complainants. It is alleged that if the period spent before the State Commission is excluded, there is delay of about 130 days. It is this delay which is sought to be condoned by the complainant.

(3.) OPPOSITE parties contested the application by filing replies.