YADAB HALDAR Vs. CHITTARANJAN DAS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Yadab haldar, against the order dated 17.03.2015 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in First Appeal No.A/1414/2014.

(2.) Brief facts of the case are that the respondent/complainant gave an advance of Rs.42,000/- on 12.10.2010 to the opposite party/petitioner herein for supplying and fixing of grills. The complainant wrote a letter dated 28.11.2012 to the opposite party asking for supplying of the grills or refund the total amount to the complainant. On 02.04.2014, the complainant lodged an FIR with the Police and the police filed final report exonerating opposite party on 31.05.2014. Meanwhile the complainant then filed a consumer complaint before the District Consumer Disputes Redressal Forum, South 24- Parganas, (in short 'the District Forum') on 28.03.2014. According to the petitioner no notice was served to him and the District Forum passed the ex-parte order dated 08.08.2014 allowing the complaint.

(3.) The opposite party/petitioner came to know of this order on 20.11.2014 when execution notice was received by him. Then the petitioner applied for certified copy of the District Forum order on 28.11.2014 and then the appeal was filed before the State Commission with some delay in filing the appeal. The State Commission dismissed the appeal on the ground of limitation vide its order dated 17.03.2015.