State Consumer Disputes Redressal Commission
Ekdantam Chits Pvt. vs Kuldeep Singh on 3 August, 2010
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 03.08.2010 (1) FIRST APPEAL NO.2010/23 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.151/2005) 1.
M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Sh. Kuldeep Singh . Respondent/Complainant.
5C/86, New Rohtak Road, Karol Bagh, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, New Delhi.
(2) FIRST APPEAL NO.2010/24 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.268/2005)
1. M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Ms. Chinky Gulati . Respondent/Complainant.
A-56, Pushpanjali Enclave, Pitampura, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, New Delhi.
(3) FIRST APPEAL NO.2010/25 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.152/2005)
1. M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Smt. Devender Kaur . Respondent/Complainant.
5C/86, New Rohtak Road, Karol Bagh, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, New Delhi.
(4) FIRST APPEAL NO.2010/26 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.270/2005)
1. M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Smt. Devender Kaur . Respondent/Complainant.
60/26, New Rohtak Road, Karol Bagh, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, New Delhi.
(5) FIRST APPEAL NO.2010/27 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.106/2005)
1. M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Sh. Jasbeer Singh . Respondent/Complainant.
60/26, New Rohtak Road, Karol Bagh, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, New Delhi.
(6) FIRST APPEAL NO.2010/28 (Arising out of Order dated 09.09.2009 passed by the District Consumer Forum(West) Janak Puri, New Delhi in Complaint Case No.269/2005)
1. M/s. Ekdantam Chits Pvt. . Appellant/Opposite Party Limited WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
2. Sh. Neeraj Kumar Gupta,
3. Smt. Kamlesh Gupta, BOTH RESIDENT OF WZ-113A, Gali No.9, Hastsaal Road, Uttam Nagar, New Delhi.
Versus
1. Sh. Narender Singh . Respondent/Complainant.
5C/86, New Rohtak Road, Karol Bagh, New Delhi.
2. Smt. Jasbir Kaur, B-56, Moti Bagh-I, 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. These are six applications for condonation of delay by above-named applicants/appellants in each above numbered appeals, with similar facts and are therefore clubbed together for the purpose of disposal.
2. No-one appeared for the applicants/appellants at the time of hearing. We have perused the record.
3. There is 91 days delay in filing each appeal. The reason given is that Sh. H.S. Bhatia, who was one of the Director of the appellant No.1/OP No.1 and was defending the OPs/appellants died during the pendency of the complaint and the appellant lost track of the said proceedings and they came to know about the impugned order when the notices in the execution cases were served upon them. Thereafter they appeared before the District Forum, which granted them time till 12.01.2010 for filing the appeal and obtaining the stay.
4. The appellant (OPs) were aware of the proceedings before District Forum and also about the death of Sh. H.S. Bhatia. If they kept themselves blissfully unaware of the proceedings, they cannot now claim exemption from limitation.
5. The contention that they became aware of the judgment when the notice of execution was received by them, even if we accept it, none of the appellants (OPs) in the application has mentioned the date of receipt of the notice in the execution cases, the date when they applied for the certified copy of the judgment and they received it. The law requires that one who seeks condonation should explain each day delay, which is conspicuously absent here. From all corners therefore the appeals are time barred and what has been said by the appellants (OPs) does not provide any justification in law for exemption and there is no sufficient cause for condonation of delay.
6. The applications for condonation of delay are therefore dismissed, in consequence whereof the appeals are also dismissed being time barred.
7. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.
8. Original copy of the order be placed in the file of Appeal No.FA-2010/23 and its copies be placed on record of all others five appeals.
9. 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 03rd day of August 2010.
(Justice Barkat Ali Zaidi) President (M.L. Sahni) Member Tri