Case nº Revision Petition No. 1040 Of 2013, (Against the Order dated 18/02/2013 in Appeal No. 1913/2012 of the State Commission Gujarat) With Ia/1915/2013 of National Consumer Disputes Redressal Commission, March 22, 2013 (case 1. Baldevbhai Narsibhai Patel 2. Kirtibhai Baldevbhai Patel 3. Harishbhai Baldevbhai Patel Vs 1. Meenakshiben Kishorbhai Patel 2. Oghadbhai Jivabhai Ahir)
| Judge | For Appellant: Ms. Manisha T. Karia, Advocate and Mr. Surender M. Sharma, Advocate and For Respondents: Nemo |
| President | Mrs. Vineeta Rai, Presiding Member and Mr. Dr. S.M. Kantikar, Member |
| Resolution Date | March 22, 2013 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
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The present revision petitions have been filed by the Petitioners being aggrieved by the orders dated 18.02.2013 of the Gujarat State Consumer Disputes Redressal Commission, Gujarat, which had dismissed their appeals filed against the orders dated 19.01.2011 of the Consumer Disputes Redressal Forum, Surat, as well as application for condonation of delay in filing the appeals as barred by limitation by observing as follows:-
On the last date we heard Mr. S.A. Thakore, for Mr. Manan Shah, Ld. Advocate for the applicant and the matter was kept today for further arguments of Mr. Thakore. Today also, we have heard him at length and also gone through the reasons narrated for not filing the appeal within the period of limitation. Considering the reasons, facts and circumstances of the case, we believe that the delay is gross and the same has not been satisfactory explained by the applicant. Hence, the delay condonation application is not required to be entertained. ...
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There was a delay of 679 days in filing the appeals before the State Commission, which is over and above the period of 30 days statutorily given under Section 15 of the Consumer Protection Act, 1986 for filing an appeal against the order of District Forum. Under the Act, the Consumer Fora are required to decide cases in summary manner within a time frame, i.e., within 90 days from the date of filing, in case, no expert evidence is required to be taken, and, within 150 days, wherever expert evidence is required to be taken. The only reason given for condonation of delay is that due to a communication gap between the Petitioner and his Counsel, Petitioner did not...
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