State Consumer Disputes Redressal Commission
Delhi Development Authority vs Ghanshyam Dass on 28 September, 2010
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 28.09.2010 First Appeal No. FA-9/651 (Arising out of Order dated 16.6.2009 passed by the District Consumer Forum-II Udyog Sadan,C-22 & 23, Institutional Area, New Delhi in Case No. 636/2008) 1. Delhi Development Authority Appellant Through its Director(C.L.), Vikas Sadan, INA, New Delhi. 2. Director(Commercial) Delhi Development Authority, INA, New Delhi. Versus Sri Ghanshyam Dass Respondent S/o Sri Swaroop Singh, R/o 431, Sant Nagar, New Delhi. CORAM: Justice Barkat Ali Zaidi President Sh. M.L. Sahni Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President (Oral)
1. The applicant appellant DDA has filed this appeal against an order dated 16.6.09 passed by District Consumer Forum, South-II, New Delhi. Alongwith the appeal, the applicant has also filed an application for condonation of delay. According to the applicant himself, there is a delay of 31 days, which is claimed to be condoned on the procedural ground, which we prefer to reiterate below for the sake of convenience and easy understanding.
a) That the order is dated 16.6.09. The certified copy appears to have been prepared on 18.8.06. The allotment files of DDA which were retained by the Ld. District Forum and the certified copy of the impugned order was delivered to Sh. Praduman Kumar Aggarwal, counsel for the appellant on 2.7.09.
b) That the counsel for the appellant sent the file and marked the same to S.L.O.(L.D) on 9.7.09. The senior law officer vide his noting dated 16.7.09 examined the matter. Gave his opinion and thereafter the file was sent to Dy. Chief Legal Advisor vide noting dated 16.7.09.
c) That the Dy. Chief Legal Advisor vide his noting dated 20.7.09 sent the file to Chief Legal Advisor and thereafter it was decided to challenge the order. The matter was entrusted to Sh. P.K. Aggarwal for filing of the appeal before this Honble Commission.
d) Thereafter the file was sent to the management wing for signing of power of attorney. The file had to pass from one tale to another. The power of attorney was signed in favour of Sh. P.K. Aggarwal, Advocate and dealing assistant got the file on 28.7.09. Power of attorney in favour of Sh. P.K. Aggarwal was signed on 30.7.09. As the FDR for filing of the appeal as per statutory requirement under section 15 of the Consumer Protection Act was to be prepared, therefore the file was moved for sanctioning of the amount of FDR. In the said process file had to move from one table to another i.e. to Assistant Director(I), Dy. Director(I), SLO(LD), Director(Lands), Chief Legal Advisor and after sanction the file was sent to accounts branch and there file had to pass on various tables i.e. AAO(L), Sr. AO(L), Sr. AO(Cash)(M) and after preparation of FDR the file was sent to legal department and the file was thereafter sent to the DDA Chambers at Tis Hazari.
e) That Sh. P.K. Aggarwal, Advocate collected the file from Tis Hazari chamber of DDA on 24.8.09. On 25.8.09 he drafted the appeal. He needed certain clarifications. Therefore he gave a telephonic call to the department. The matter was discussed by him with the officials of DDA on 26.8.09 and 27.8.09. The appeal was prepared and was sent for signature and approval of facts on 28.8.09. File was received by counsel on 1.9.09. Appeal filed on 2.9.09. Thus there is delay of 31 days in filing the appeal. However if limitation is counted from the date of preparation of the appeal the delay is 45 days.
f) That the appellant is a government organization and has five days working besides other holidays. Further the appellant is impersonal machinery, and has to act through its officials and the matter has to be examined at various levels and the file has to move from one table to another which takes some time. Therefore there is delay in filing of the appeal.
2. We have heard Sri P.K. Aggarwal, counsel for the appellant, Sri Syed Hasan Isfahani, counsel for the respondent who opposed the prayer of the appellant.
3. It will seem that the reason for delay given in the application, is the official procedure, and there is no such exception provided in the proviso u/s 15 of the Consumer Protection Act, 1986. It is usually matters which are beyond control of the person concerned that may provide grounds for condonation in appropriate cases. The reasons given in the application for condonation, are therefore wholly insufficient, and consequently, unacceptable.
4. It was pointed out that the DDA is a Govt. department, and a liberal view has therefore to be taken in matters of condonation of delay. The counsel for appellant has referred to two decisions of the Apex Court in case of G. Ramegowda Major etc. Vs. The Special Land Acquisition Officer, Bangalore AIR 1988 SC 897, and in Special Leave Petition(C) Nos. of 2009 (Arising out of CC NO.s 3324-3326 of 2009 State of Karnataka Vs. Y. Moideen Kunhi(dead) by Lrs. & Ors. Decided on 4.5.09, where in the later case a delay of about 18 years was involved, and the court condoned the delay, saying that a liberal view has to be taken in matters of condonation of delay. The decisions of the Supreme Court do not provide carte-balance for condonation of delay. It is in the context of the particular facts of the case that the observations of the Supreme Court have to be visualized.
Delay in matters has become a national malady, and needs eradication.
5. Application for delay is therefore rejected in consequence whereof, the appeal being time barred, is also dismissed.
6. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.
7. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room.
8. Announced on 28th day of September, 2010.
(Justice Barkat Ali Zaidi) President (M.L. Sahni) Member ysc