MUNICIPAL CORPORATION Vs. SUNIL TALWAR

JUDGEMENT

(1.) HEARD the Learned Counsel for the Petitioner. This revision petition is filed with delay of 236 days for which an application for condonation of delay has been filed. The main reason for the delay has been explained in paras 3 and 4 of this application which read as below:

(2.) AN effort has been made to show that to some extent the delay is due to the advocates who have handled the case located at Amritsar and Chandigarh. No affidavits of these two advocates have been filed to show that there was some lapse on their part and if there was some lapse on their part, why the Petitioner -Corporation has not taken any action against these advocates. Further it is mentioned that Petitioner being a Public Statutory Body has to follow rules and some times a bona fide delay occurs owing to procedures involved. It is not denied that the Petitioner is a Public Statutory Body but it is an independent Autonomous Corporation and it can take decisions at Corporation level itself. Further the Petitioner has left the column for number of days delay in filing these the revision petitions blank. This means that the Petitioner has not taken care to calculate the delay. The Registry has calculated the delay to be 236 days which is not disputed.

(3.) ACCORDING to Regulation No. 14 of the Consumer Protection Regulations, 2005, the revision petition shall be filed within 90 days from the date of the order or the date of receipt of the order as the case may be. Accordingly, the ratio of the judgment of the Hon'ble Apex Court (supra) squarely applicable to the case under consideration. Therefore, the revision petition is liable to be dismissed on the ground of limitation.