State Consumer Disputes Redressal Commission
Bses Yamuna Power Ltd. vs Lalwati on 18 May, 2010
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 18.05.2010 First Appeal No. FA-09/898 (Arising out of Order dated 14.09.2009 passed by the District Consumer Forum(East), CSC, Saini Enclave, Delhi in Case No.883/08) BSES Yamuna Power Ltd. Appellant Shakti Kiran Building, Karkardooma, Sahadara, Delhi. Versus Smt. Lalwati Respondent R/o A-37, Part-A, Pandav Nagar, Delhi-110092. 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 appellant OP BSES Yamuna Power Ltd. has filed an appeal against an award passed by the District Consumer Forum in favour of the complainant on 14.9.2009, vide which the appellant has been directed to return the excess amount received from the complainant to restore his connection and to pay Rs. 2,000/- as compensation and Rs. 1,000/- as costs of litigation. According to the appellant himself he has filed the appeal after 75 days of the prescribed limitation and he has therefore filed an application for condonation of delay on the following grounds :-
(a) On the receipt of the order by the appellant in the first week of October, 2009, a legal opinion of the counsels was sought for as to whether on account of the legal and factual infirmities in the said order the same should be assailed in an appropriate proceeding. Due to the court vacations on account of Diwali the said opinion was received by the appellant from its counsel only in the last week of October, 2009.
(b) Accordingly in the first week of November, 2009 instructions to the counsel to draft and file the accompanying appeal in the instant matter were given and the file was sent to the counsels office.
(c) However, the said file got misplaced in the counsels office and was traced only on 30.11.09 when it was noticed to have been tied along with the file in another matter.
(d) Immediately thereafter the draft of the appeal was prepared and sent to the appellant on 7.12.09 by its counsel. The said draft was sent back with certain suggestions by the appellant to its counsel on 9.12.09. The draft of the appeal after incorporating the necessary changes/suggestions was finalized by 11.12.09 evening.
(e) The accompanying appeal after being signed is being filed before this Honble Commission on 14.12.09 as the same could not be filed on 12.12.09 and 13.12.09 on account of being Saturday and Sunday respectively.
2. We have heard Ms. Vandana, counsel for the appellant and Shri M.L. Manocha, counsel for the respondent on delay condonation application.
3. The order under appeal was passed on 14.9.09 and the entry of dispatch on the face of the certified copy of the judgment reveals that it was dispatched under the registered cover to the OP on 14.9.09 itself, which according to the OP was received in the first week of October and the appeal was filed on 15.12.09.
4. The main reason given for the delay as enumerated above, that file got misplaced in the office of the Advocate which cannot be deemed to be a sufficient reason for condonation of delay. If delay is to be condoned on such flimsy grounds as enumerated above, everybody would come and say that his papers got misplaced and delay be condoned. When a specific time has been provided by law for a specific purpose, the court must be extremely reluctant to condone delay, and there should be insistence for the particular act being done within the prescribed time. Granting extension of time on such grounds would be placing premium of lethargy and disregard for law.
5. The application for condonation is therefore dismissed 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 18th day of May, 2010.
(Justice Barkat Ali Zaidi) President (M.L. Sahni) Member ysc