State Consumer Disputes Redressal Commission
Silpa Himghar vs Mokshedul Rahaman on 9 February, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/596/2017 (Arisen out of Order Dated 04/08/2016 in Case No. Complaint Case No. CC/111/2015 of District Cooch Behar) 1. Silpa Himghar Vill.Garanata(Joram), P.O.-Silduar, P.S. Sitai, Dist. Cooch Behar- 736 167. 2. Silpa Himghar Rep. by its secretary, Azimul Hoque, Vill. Bara Adabari, P.O. Kismat Adabari, P.S. Sitai, Dist. Cooch Behar, Pin- 736 167. 3. Yeakub Ali Miah, Vice President, Silpa Himghar Vill. Bara Adabari, P.O. Kismat Adabari, P.S. Sitai, Dist. Cooch Behar, Pin- 736 167. 4. Sri Bappa Dutta, Cashier, Silpa Himghar S/o Lt. Bikash Dutta, Vill. & P.O. Sitai, Dist. Cooch Behar, Pin- 736 167. 5. Arup Kr. Dutta, Member, Silpa Himghar S/o Abani Kr. Dutta, Vill. & P.O. Sitai Hat, Dist. Cooch Behar, Pin-736 167. 6. Abdul Rezzak Miah, Member, Silpa Himghar S/o Lt. Rafiqul Miah, Vill. Garanata(Jerambazar), P.O. Siduar, Dist. Cooch Behar, Pin-736 158. 7. Babar Ali Miah, Member, Silpa Himghar S/o Daulat Miah, Vill. Bijlee Chatka Adabari, P.O. Kejlekura, Dist. Cooch Behar, Pin-736 167. 8. Paresh Ch. Dey, member, silpa Himghar S/o Lt. Promod Ch. Dey, Vill. Khamar Sitai, P.O. Sitai Hat, Dist. Cooch Behar, Pin-736 167. 9. Atiar Rahaman, member, silpa Himghar S/o Rahamatullah Miah, Vill. Kesaribari, P.O. Dhumerkhata, Dist. Cooch Behar, Pin-736 167. 10. Upen Ch. Barman, Member, Silpa Himghar S/o Debendra Nath Barman, Vill. East Konachatra, P.O. BR Chatra, Dist. Cooch Behar, Pin-736 167. 11. Rabindra Nath Barman, Member, Silpa Himghar S/o Lt. Hurka Barman, Vill. East Konachatra, P.O. BR Chatra, Dist. Cooch Behar, Pin-736 167. 12. Nepal Biswas, Member, Silpa Himghar S/o Nila Biswas, Vill. East Konachatra, P.O. BR Chatra, Dist. Cooch Behar, Pin-736 167. 13. Naru Ch. Adhikary, Member, Silpa Himghar S/o Binod Ch. Adhikary, Vill. Keyeterbari, P.O. & P.S. Sitai, Dist. Cooch Behar, Pin-736 167. 14. Sushil Kr. Barman, Member, Silpa Himghar Vill. Keshribari, P.O. Dhumer Khata, P.S. Sitai, Dist. Cooch Behar, Pin-736 167. 15. Abdul Kalam Pramanik, Member, Silpa Himghar S/o Lt. Rasatullah Pramanik, Vill. Chhat Baromasia, P.O. Shilduar, P.S. Sitai, Dist. Cooch Behar, Pin-736 167.
16. Jiarul Rahaman, Member, Silpa Himghar S/o Lt. Abed Ali Miah, Vill. Garanata, P.O. Shilduar, P.S. Sitai, Dist. Cooch Behar, Pin-736 167.
17. Kamal Basunia, Member, Silpa Himghar S/o Jetendra Nath Basunia, Vill. Garanata, P.O. Shilduar, P.S. Sitai, Dist. Cooch Behar, Pin-736 167.
18. Animesh Basunia, Member, Silpa Himghar S/o Lt. Dinesh Basunia, Vill. Garanata, P.O. Shilduar, P.S. Sitai, Dist. Cooch Behar, Pin-736 167.
19. Tapan Guha, Member, Silpa Himghar Vill., P.O. & P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. ...........Appellant(s) Versus 1. Mokshedul Rahaman S/o Nur Mahammad Mia, Vill. & P.O. - Golenowhati, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. 2. Abdul Jalil S/o Nur Mahammad Mia, Vill. & P.O. -Golenowhati, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. 3. Mahad Ali Miah S/o Gumor Ali Mia, Vill. & P.O. -Golenowhati, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. 4. Abdur Rashid S/o Lt. Jamser Ali, Vill. & P.O. -SitalKuchi, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. 5. Mijanoor Rahaman S/o Abdur Rasid Miah, Vill. & P.O. -SitalKuchi, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 158. 6. Sushil Ch. Barman S/o Rajkumar Barman, Vill. Chota Dhaperchatra, P.O. Gosairhat Bandar, P.S. Sital Kuchi, Dist. Cooch Behar, Pin- 736 172. 7. Belal Miah S/o lt. Khachamuddin Mia, Vill. Nendarpar, P.O. Jorpatki, P.S. Mathabhanga, Dist. Cooch Behar, Pin-736 146. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Ms. Paramita Bhattacharya, Advocate For the Respondent: Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Mr. Subhankar Sanyal, Advocate Dated : 09 Feb 2018 Final Order / Judgement Order No. 4 date: 09-02-2018 Sri Shyamal Gupta, Member Record is put up today for passing order in respect of the delay condonation petition of the Appellants.
By such petition, it is stated that the concerned person, who was looking after the case, left the office of the Appellant and records of the said case was not traceable. On receipt of notice of the Execution Case, they appeared before the Ld. District Forum which is still pending. Lastly, it is contended by the Appellants that due to paucity of fund, they could not prefer this Appeal in time.
Both sides appeared through their respective Ld. Advocates, who were heard at length. We have also gone through the documents on record.
A bare eye view of the petition under consideration is suffice to discern that the same is nothing but a desperate attempt on the part of the Appellants to defend the indefensible. The Appeal is filed, according to office calculation, 252 days since expiry of the statutory period of limitation, yet the Appellants made no such attempt to explain the day to day delay.
First of all, there is no whisper anywhere in the delay condonation petition as to why they did not turn up before the Ld. District Forum on receipt of notice of the complaint case. It does not speak high of one's respect for the law of the land to ignore the summon of a competent Court of Law.
Secondly, it is though argued by them that the concerned staff, who was looking after the case, left the Cold Storage of the Appellants, hence no record was available, neither they have named the concerned person nor filed any cogent documentary proof to support such contention, let alone filing any material to show that they ever got in touch with the concerned staff to obtain the requisite papers from him. That apart, if they had slightest inclination, they could obtain duplicate copies of all the case related papers from the Ld. District Forum itself.
Last but not the least; although the Appellants cited their stringent financial condition as a reason behind delayed filing of this Appeal, no tangible proof to that effect is put forth before us by them. Further, if they can arrange half of the decretal amount within a month (taking into consideration their claim that they gained knowledge of the impugned order in the 2nd week of April, 2017 and filed this Appeal within a month since then), arranging rest of the amount would surely not be such a big obstacle for them. It is to be kept in mind that, due opportunity was accorded to the Appellants to defend their case before the Ld. District Forum, but they chose to show a defiant face at their own risks and peril.
The position of law in the matter of delayed filing of an Appeal is clear - 'sufficient cause' must be shown to justify each day's delay in filing an Appeal which is not done here. For this very reason, the instant petition deserves no favourable consideration.
Exercise of judicial discretion of Court shall be allowed if there is no presumption that delay is occasioned deliberately or on account of culpable negligence. (Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Ors. 2013(11) SCALE 418 = AIR 2013 SCW 6158). As noted hereinabove, due notice of the complaint case was served upon all the Appellants, yet they intentionally avoided contesting the case before the Ld. District Forum. Therefore, it cannot be said that the delay occasioned unintentionally.
Since condoning such huge delay which is properly not explained would result in miscarriage of justice, we are not inclined to allow this petition. The petition, thus, stands rejected. Consequent thereof, the Appeal stands dismissed being barred by limitation. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER