State Consumer Disputes Redressal Commission
Shaluat Kumar Jain vs Indian Institute Of Management on 12 August, 2011
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 12.08.2011 Appeal No. FA-2009/223 (Arising out of Order dated 12.05.2011 passed by the District Consumer Forum, (North) Tis Hazari, Delhi in CC No.1043/2007) Sh. Shaluat Kumar Jain . Appellant/Complainant. Through his Attorney/Father, through Sh. Santosh Kumar Jain, Sh. Santosh Kumar Jain, Attorney/father. 1734, Dariba Kalan, Delhi Versus 1. Indian Institute of . Respondents/Opposite Parties Management, IIM Kozhokode Campus, P.O. Calicut-673570. Through its Chief Administrative Officer. 2. Manager, Corporation Bank, Chandani Chowk, Delhi. CORAM: Justice Barkat Ali Zaidi President Mrs. Salma Noor 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
1. This appeal is being decided on the stage of admission because it is not considered necessary to summon respondent.
2. We have heard Sh. Santosh Kumar Jain, father/Attorney of the appellant.
3. The complaint was admittedly time barred and there was 67 days delay in filing of the complaint. The application for condonation was filed at the time of hearing. The question of complaint being time barred was argued. The District Forum found the reason recorded by it in its order, that there was no sufficient explanation for the delay and we agree with the same.
4. We would however, like to state that in a case like this, case law is out of place, because the question of delay is dependant on particular facts of the case, and case law on limitation is based on the particular facts of that case. It has been held by the Honble Supreme Court in case of Collector, Land Acquisition, Anantnag & Anr. Vs Mst. Katiji & Ors. AIR 1987 Supreme Court 1353, that what is binding in a decision is the ratio of the case. In matters like this there is usually no question of law involved, and the decisions are based on the particular facts of the case.
5. Appeal dismissed.
6. 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.
Announced on 12th day of August 2011.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member Tri