First Appeal No. FA/292/2009, (Arisen out of order dated 14/08/2008 in Case No 05/2008 of District South Twenty Four Parganas). Case: 1. CESC Ltd, through District Engineer South. South Regional Office Vs 1. Smt. Kalyani Das. W/O Sri Sankar Dey. West Bengal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. FA/292/2009, (Arisen out of order dated 14/08/2008 in Case No 05/2008 of District South Twenty Four Parganas) |
| Judges | Mr. P K Chattopadhyay, Presiding Member and Mr. Shankar Coari, Member |
| Issue | Consumer Protection Act - Section 15 |
| Judgement Date | September 08, 2009 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Judgment:
Mr. P K Chattopadhyay, Presiding Member and Mr. Shankar Coari, Member
This Appeal is fixed for admission hearing today when the Respondent is present through her Ld. Advocate. The Appeal has been filed against the judgement and order passed by the Ld. DCDRF, South 24 Parganas in Complaint Case No. 05 of 2008 when the complaint was filed on 10.1.08 and the Ld. Forum passed its judgement on 14.8.08. Subsequent thereto, execution case was filed upon due notice to the other side namely the Appellant here, and on 22.7.09 the Appellant here appeared for the first time before the Ld. Executing Forum and filed Vokalatnama.
The Appellant here filed this Appeal on 6.8.09 and stated inter alia that only upon the order of the Ld. Executing Forum dt. 15.6.09 the Appellant got aware of the execution case and then appeared on 22.7.09 at the Executing Forum and immediately thereafter searched the record of the case and obtained certified copy of the order of the Ld. District Forum on 28.7.09. In that view the Ld. Advocate for the Appellant stated that it did not file any condonation petition along with the Appeal, the same having been filed on 6.8.09 on its obtaining certified copy of the order on 28.7.09. The Appellant accordingly prayed for admission of the Appeal petition.
The Ld. Advocate for the Respondent objected to this position and stated that the OP (Appellant here) did not contest the case in the Forum below even after having been served due notice when the complaint case was heard ex parte against the OP and orders were accordingly passed, certified copy of which was duly sent to the present Appellant, who chose to remain silent. Subsequent thereto, the Execution case was filed before the Ld. Executing Forum when again the OP in the Executing Forum namely the Appellant here, inspite of due notice chose not to appear in successive proceedings in the execution case. Then the Ld. Executing Forum by its order dt. 15.6.09 required the presence of the JDr/CESC Ltd., when the JDr namely the present Appellant, appeared on 22.7.09 and filed power. Thus the Appellant here cannot pretend ignorance of the matter pending before the Ld. District Forum below either in the complaint case or in the execution case prior to 22.7.09 and, therefore, this Appeal petition is vitiated in absence of appropriate application for condonation of delay required to be filed U/S 15 of the Consumer Protection Act as amended, and, accordingly, this Appeal petition...
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