State Consumer Disputes Redressal Commission
M/S Imperial Motors vs Parkash Chand on 16 August, 2013
FIRST ADDITONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
Misc. Appl. No.2378 of 2012
In/and
First Appeal No.1546 of 2012.
Date of Institution: 19.11.2012.
Date of Decision: 16.08.2013.
M/s Imperial Motors, G.T.Road, Bathinda, through its Authorized
Person.
.....Applicant/Appellant.
Versus
1. Parkash Chand, aged 35 years, son of Uda Ram resident of
Village Amar Pura, Tehsil Abohar District Ferozepur.
2. M/s Mahindra & Mahindra Limited, SCO No.17, Sector 26-D
Madhya Marg, Chandigarh through its Managing
Director/General Manager.
3. M/S Mahindra & Mahindra Financial Services Limited., SCF 56,
Model Town, Phase-I, above HDFC Bank, Near TV Tower,
Bathinda, Tehsil & District Bathinda through its Managing
Director/General Manager.
...Respondents.
Application for condonation of delay of
alleged 39 days
In/And
First Appeal No.1546 of 2012 against the
order dated 23.04.2012 of the District
Consumer Disputes Redressal Forum,
Ferozepur.
Before:-
Shri Inderjit Kaushik, Presiding Judicial Member.
Shri Vinod Kumar Gupta, Member.
- -----------------------------
Present:- Sh. Navjivan Gupta, Advocate for Sh. Mukand Gupta, Advocate, for the applicant/appellant. Sh. Harpal Singh, Advocate for Sh. S.K. Gagneja, Advocate, for respondent no.1.
Sh. Vaibhav Narang, Advocate for respondent no.2 Misc. Appl. No.2378 of 2012 2 In/and First Appeal No.1546 of 2012 Sh. Nitin Thatai, Advocate for respondent no.3. INDERJIT KAUSHIK, PRESIDING JUDICIAL MEMBER:-
This order will dispose of the two Misc. Applications for condonation of delay as well as two appeals i.e. Misc. Application No.2378 of 2012 in/& F.A. No.1546 of 2012 (M/s Imperial Motors Vs Parkash Chand & Ors.) and Misc. Application No.1913 of 2012 in/& F.A. No.1233 of 2012 (M/s Mahindra & Mahindra Limited Vs Parkash Chand & Ors.) as both the appeals have been filed against the same impugned order dated 23.04.2012 passed by the learned District Consumer Disputes Redressal Forum, Ferozepur (in short "the District Forum"). The facts are taken from Misc. Application No.2378 of 2012 in/& F.A. No.1546 of 2012 and the parties would be referred by their status in this application/appeal.
2. M/s Imperial Motors, applicant/appellant (In short, "the applicant") has filed this application for condonation of delay of alleged 39 days in filing the present appeal.
3. It was submitted that the applicant-M/s Imperial Motors received the copy of the impugned order was sent by post on13.09.2012 and the same was received by the applicant on 17.09.2012. The applicant contacted respondents no.2 & 3-Mahindra & Mahindra, who are manufacturer of the vehicle in question and inquired about the filing of the appeal before this Commission and came to know that respondents no.2 & 3 have already filed the appeal i.e. F.A. No.1233 of 2012. Thereafter, the applicant decided took legal advice to challenge the impugned order and the demand draft was prepared and all this caused the delay of 39 days in filing the appeal. Misc. Appl. No.2378 of 2012 3
In/and First Appeal No.1546 of 2012 The delay in filing the appeal is not intentional and it was prayed that the delay may be condoned in the interest of justice.
16. No reply to the application was filed on behalf of the respondents despite last chance granted.
17. As per the version given in the application, the certified copy of the order was signed and issued and sent by post to the applicant on 13.09.2012 it was received by the applicant on 17.09.2013 and after allowing 30 days' period for filing the appeal, the appeal was to be filed upto 17.10.2013, but it was filed on 19.11.2013. Thus, there is delay of only 32 days, whereas the applicant has mentioned the delay of 39 days which is not factually correct. There are sufficient reasons to condone the delay in filing the appeal.
11. In view of above discussion the application filed by the applicant is allowed and the delay of 32 days in filing the present appeal is condoned.
Misc. Application No.1913 of 2012 in/& F.A. No.1233 of 2012:-
12. Similarly, in Misc. Application No.1913 of 2012 in/& F.A. No.1233 of 2012(M/s Mahindra & Mahindra Limited Vs Parkash Chand & Ors.), there is delay of 85 days in filing the appeal.
13. Respondent no.3-M/s Imperial Motors has also filed the appeal i.e. F.A. No.1546 of 2012 against the same impugned order under appeal dated 23.04.2012 passed by the District Forum and the delay in filing the said appeal has been condoned. Since both the appeals against directed against the same order dated 23.04.2012 and the delay in the said appeal filed by respondent no.3 has been condoned, therefore, the delay in filing the appeal i.e. F.A. No.1233 of 2012 is also to be condoned.
Misc. Appl. No.2378 of 2012 4
In/and First Appeal No.1546 of 2012
14. Accordingly, the application filed by the applicant is allowed and the delay of 85 days in filing the appeal i.e. F.A. No.1233 of 2012 is condoned.
22. The arguments in both these applications were heard on 08.08.2013 and the orders were reserved. Now the orders be communicated to the parties.
23. Copy of the order be placed in F.A. No.1233 of 2012(M/s Mahindra & Mahindra Limited Vs Parkash Chand & Ors.).
(Inderjit Kaushik) Presiding Judicial Member (Vinod Kumar Gupta) Member August 16, 2013.
(Gurmeet S)