State Consumer Disputes Redressal Commission
Raghunath Prasad Lahre vs Srei Equipment Finance Ltd & Anr. on 27 July, 2018
CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G).
Appeal No.FA/2018/455
Instituted on : 07.05.2018
Raghunath Prasad Lahre,
S/o Late Shri Gangaram Lahre,
Aged 52 years, R/o : Village - Risda, Main Road,
Police Station Masturi, Dist. Bilaspur (C.G.) ..... Appellant (Complainant)
Vs.
1. Srei Equipment Finance Limited,
Plot No.Y-10, Block E.P. Sector V. Salt Lake,
City Kolkata 700091 (West Bengal)
2. Branch Manager, Srei Equipments Finance Ltd.
Vyapar Vihar Road,
Bilaspur, Tehsil & District Bilaspur (C.G.) .... Respondents (OPs)
PRESENT :
HON'BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT
HON'BLE SHRI D.K. PODDAR, MEMBER
HON'BLE SHRI NARENDRA GUPTA, MEMBER HON'BLE SMT. RUCHI GOEL, MEMBER COUNSEL FOR THE PARTIES :
Shri Avnish Diwan, Advocate for the appellant (complainant).
ORAL ORDER DATED : 27/JULY/2018 PER :- HON'BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.
This appeal is directed against the order dated 16.02.2018, passed by District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth "District Forum") in Complaint Case No.CC/271/2016, whereby the complaint of the complainant, has been allowed and OPs Finance Company, has been directed to pay the amounts to the complainant within a period of one month from the date of order, as mentioned in para 12 of the impugned order.
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2. The appellant (complainant) has preferred this appeal against the impugned order dated 16.02.2018, passed by the District Forum and has also filed an application under Section 5 of the Limitation Act, for condonation of delay in filing the instant appeal. According to office of this Commission, the appeal is belated by 47 days from the date of receiving the copy of the order.
3. Shri Avnish Diwan, learned counsel appearing for the appellant (complainant) has argued that the complainant has instructed his previous counsels Shri C.L. Shandilya and Shri Shaukat Ali, for filing the appeal, but they kept the file with them and did not file the appeal within prescribed period. When the appellant (complainant) inquired time and again, then they informed that the appeal has been filed, then the complainant became sure. On 05.05.2018, the appellant (complainant) again asked his previous counsels regarding the matter, then they returned the file to him and informed that delay has been caused in filing the appeal and now they cannot file the appeal. Thereafter the complainant contacted another Advocate Shri Avnish Diwan and take information regarding further action, then he informed the appellant (complainant) that the previous counsels of the appellant (complainant) have not filed the appeal within prescribed time, therefore, the appeal can be filed along with application for condonation of delay. Thereafter the appellant (complainant) has instructed his present counsel for filing appeal. The time of two days has been taken for preparing the appeal memo and thereafter the instant appeal has been filed. The previous counsels of the appellant (complainant) have not given proper advice to him and they have not filed the appeal in prescribed time, // 3 // therefore, delay of 50 days has been occurred in filing the instant appeal. The delay occurred in filing appeal is bonafide and the same is liable to be condoned.
4. We have heard arguments of Shri Avnish Diwan, learned counsel appearing for the appellant (complainant) on the application filed under Section 5 of the Limitation Act, for condonation of delay in filing the instant appeal and have also perused the record of the District Forum.
5. In Basavraj & Anr. V. The Spl. Land Acquisition Officer, 2013 AIR SCW 6510, Hon'ble Supreme Court observed thus:-
"9. Sufficient cause is the cause for which defendant could not be blamed for his absence. The meaning of the word "sufficient" is "adequate" or "enough", inasmuch as may be necessary to answer the purpose intended. Therefore, the word "sufficient" embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the view point of a reasonable standard of a cautious man. In this context, "sufficient cause" means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted diligently" or "remained inactive". However, the facts and circumstances of each case must afford sufficient ground to enable the Court concerned to exercise discretion for the reason that whenever the Court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the Court that he was prevented by any "sufficient cause" from prosecuting his case, and unless a satisfactory explanation is furnished, the Court should not allow the application for condonation of delay. The court has to examine whether the mistake is bona fide or was merely a device to cover an ulterior purpose. (See: Manindra Land and Building Corporation Ltd. v. Bhootnath Banerjee &Ors., AIR 1964 SC 1336; Lala Matadin v. A.Narayanan, AIR 1970 SC 1953; Parimal v. Veena alias Bharti AIR 2011 SC 1150 : (2011 AIR SEW 1233); and Maniben Devraj Shah v. Municipal Corporation of Brihan Mumbai, AIR 2012 SC 1629 : (2012 AIR SCW 2412.) // 4 //
12. It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. "A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation." The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. The legal maxim "dura lex sed lex" which means "the law is hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a decisive factor to be considered while interpreting a statute.
15. The law on the issue can be summarised to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature."
6. The Hon'ble Supreme Court in Anshul Aggarwal v. New Okhla Industrial Development Authority, IV (2011) CPJ 63 (SC), has laid down that :
"It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this Court was to entertain // 5 // highly belated petitions filed against the orders of the Consumer Foras."
7. In Cordcon Builders Pvt. Ltd. & Anr. Vs. Valerian Anthony Diago & Anr. 2015 (2) CPR 517 (NC), Hon'ble National Commission has observed thus :-
"10. .......Thus, it becomes clear that almost after about 9 months he applied for certified copy of the impugned order inspite of having knowledge of the impugned order. Section 12 (2) of Limitation Act runs as under:
"(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
Thus, limitation runs from the date of
pronouncement/knowledge and is such circumstances
limitation for filing appeal started from 10.04.2012 and period taken in obtaining certified copy is to be excluded for the purpose of calculation of condonation of delay. Apparently , appellant applied for certified copy on 4.01.2013 and he received copy on the same day; hence, only one day for getting certified copy of the impugned order is to be excluded for computation of limitation for filing appeal.
11. Learned Counsel for the appellant submitted that period of limitation is to be calculated from the date of receiving free copy as provided under Regulation 21 of the C.P. Regulations, 2005. This argument is devoid of force because this provision only directs to the Consumer Fora to give parties free of cost copy of the order, but it nowhere specifies that limitation will run from the date of receipt of free copy. If a party does not receive free copy at all, it cannot be held that limitation will not run against him till he receives certified copy. Limitation will run from the date he obtains knowledge of the order // 6 // passed by Consumer Fora and only period taken in obtaining certified copy will be excluded. Appellant should have applied for certified copy of order on 10.04.2012, when judgment was pronounced in his presence and as he did not apply for certified copy uptill 4.1.2013, period from 11.4.2012 to 3.1.2013 cannot be excluded from period of limitation provided for filing appeal."
8. In Lachoo @ Laxminarayan vs. Proprietory : Verma Watch House Shyam Talkies, 2015 (4) CPR 337 (NC), Hon'ble National Commission has observed that "On bare perusal of record of Forum & affidavit filed by complainant, appears that reason assigned by complainant regarding delay, not satisfactory and delay not explained properly."
9. In M/s. Samia International Builders (P.) Ltd. Vs. Neeta Rani, 2016 (1) CPR 19 (NC), Hon'ble National Commission has observed that "Sufficient cause for condoning delay in each case question of fact. No leniency should be shown to such type of litigants, who in order to cover up their own fault and negligence, go on filing merit less petitions in different foras."
10. In Rituraj Construction Vs. Prakash Ramchandra Kale, I (2016) CPJ 272 (NC), Hon'ble National Commission has observed thus :-
"17. We fully agree with the reasonings given by the State Commission, that in the application no cause whatsoever has been shown as to why there was delay of 43 days in filing the appeal, except that 'due to some unavoidable circumstances there is delay of 43 days'. Now what is this, 'some unavoidable circumstances'' has not been explained at all. Be that as it may, the aforesaid reason by any stretch of imagination, cannon be said to be a sufficient cause. Moreover, a valuable right has accrued in favour of respondent, which cannot be brushed aside lightly."
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11. In Sr. Superintendent of Post Offices & Anr. Vs. Modi (HUF), 2016 (2) CPR 577 (NC), Hon'ble National Commission, has observed that "Inordinate delay of 305 days in filing of Revision Petition cannot be condoned."
12. In Bappanand Narshimman Annu Vs. Hirmanidevi G.S. Gupta & Ors., 2016 (4) CPR 447 (NC), Hon'ble National Commission has observed, thus :-
"8. Tested on the touchstone of the broad principles laid down in a catena of decisions of the Hon'ble Supreme Court, viz., 'sufficient cause' cannot be construed liberally if negligence, inaction or lack of bonafides are attributable to the party, praying for exercise of such discretion in its favour, and that when a statute provides for a particular period of limitation, it has to be applied with all its rigors, as an unlimited limitation leads to a sense of uncertainty, we are of the view that the State Commission has not committed any jurisdictional error in coming to the conclusion that a case for condonation of the said delay was not made out."
13. We have perused the record of the District Forum. Earlier the OPs have filed Appeal No.FA/2018/245, Manager, Srei Equipment Finance Ltd. and Another Vs. Raghunath Prasad Lahre, and vide order dated 5th July, 2018, this Commission has allowed the appeal filed by the OPs and impugned order dated 16.02.2018, passed by the District Forum, was set aside. Consequently the complaint filed by the complainant stand dismissed. It shows that in the month of April, 2018 the OPs have filed Appeal No.FA/2018/245 before this Commission against the order dated 16.02.2018, passed by the District Forum and vide order dated 05.07.2018, the appeal of the OPs was allowed by this Commission and complaint of the complainant was dismissed. Even, then the complainant filed the instant appeal before this // 8 // Commission, whereas the appeal filed by the OPs has already been allowed and the complaint, was dismissed, therefore, the only remedy available to the complainant is to file Revision Petition before the Hon'ble National Commission. Instead of filing Revision Petition before Hon'ble National Commission, the appellant (complainant) has filed the instant appeal, which is not maintainable. Even the instant appeal has been filed by the appellant (complainant) belatedly.
14. The impugned order has been passed by the District Forum on 16.02.2018. At the time of passing of the order, Shri C.L. Shandilya, counsel for the appellant (complainant), was present on behalf of the appellant (complainant). It appears that the counsel for the appellant (complainant) was having knowledge regarding the impugned order on 16.02.2018 itself. In the order sheet, the signatures of the counsels for the parties are present. Both the counsels received the copy of the order on 20.02.2018. Counsels for the parties put their signatures in the "Signature Column" of the order sheet. It appears that the copy of the impugned order, was received by counsel on behalf of the appellant (complainant) on 20.02.2018, therefore, limitation for filing appeal started from 20.02.2018. The appellant (complainant) was required to file the appeal within 30 days from the date of receipt of the copy of the order, whereas the instant appeal has been filed on 07.05.2018 i.e. belatedly by 47 days from the date of receiving copy of the order. No satisfactory explanation has been given by the appellant (complainant), as to why he could not file the appeal within prescribed time.
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15. In the instant case, looking to the application filed by the appellant (complainant) under Section 5 of the Limitation Act, for condonation of delay in filing the instant appeal and affidavit of the appellant (complainant), filed in support of the said application, it appears that the reasons assigned by the appellant (complainant) in the said application regarding delay in filing the appeal, are not satisfactory and delay has not been explained properly, therefore, the appeal is barred by limitation by 47 days, which cannot be condoned.
16. Thus, the application filed by the appellant (complainant) under Section 5 of the Limitation Act, for condonation of delay in filing the instant appeal, is hereby rejected. Consequently, the appeal also stands dismissed.
(Justice R.S. Sharma) (D.K. Poddar) (Narendra Gupta) (Smt. Ruchi Goel)
President Member Member Member
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