UNION OF INDIA (NORTHERN RAILWAY) Vs. FARYAL

JUDGEMENT

(1.) This Revision Petition, under Section 21 of the Consumer Protection Act, 1986 (for short "the Act"), by Union of India (Northern Railway), the sole Opposite Party in the Complaint under the Act, is directed against the order dated 19.01.2017, passed by the Uttarakhand State Consumer Disputes Redressal Commission at Dehradun (for short "the State Commission"), in First Appeal No. 35 of 2016. By the impugned order, the State Commission has dismissed the Appeal, preferred by the Petitioner, as barred by limitation, inasmuch as there was a delay of 141 days in filing the same.

(2.) In the absence of a copy of the order, dated 04.09.2015, passed by the District Consumer Disputes Redressal Forum at Nainital (for short "the District Forum") in Complaint Case No. 60 of 2009, preferred by the Respondent/Complainant, being brought on record, it is not clear against which order/directions, the aforesaid Appeal had been filed by the Petitioner. The impugned order also does not throw any light in this regard.

(3.) Be that as it may, the material facts, leading to the filing of the present Revision Petition, as culled out from the Complaint, are as follows: