AI Structured Summary
Not yet generated for this judgment
Judgment
R.K. Agrawal, J
Present Revision Petition has been filed against the order dated 17.8.2017, passed by the State Consumer Disputes Redressal Commission, U.P. at Lucknow (for short "the State Commission"), by which the Appeal preferred by the Appellant has been dismissed, as the delay in filing the Appeal was not condoned.
I have heard Mr.Arun Nagar, learned Counsel for the Petitioner and Mr.Pankul Nagpal, learned Counsel for the Respondent and perused the impugned order passed by the State Commission. Learned Counsel for the Petitioner submitted that the Petitioner, being a widow, was not aware about the procedure to be followed as also the limitation for filing the Appeal and therefore, the Appeal was filed after more than one year. Even though the State Commission has mentioned that the Complainant/Petitioner herein went to a Counsel in August 2016 after expiry of more than one year to know the status of her case, which is not satisfactory and cannot be accepted. I am of the considered opinion that it would be appropriate and in the interests of justice that the delay be condoned and the Petitioner's Appeal be heard on merits.
Accordingly, I condone the delay in filing the Appeal after setting aside the impugned order and restore the Appeal to the file of the State Commission with a request to the State Commission to decide the said Appeal expeditiously in accordance with law, preferably within three months. Petitioner shall not seek any adjournment and shall file the certified copy of this order before the State Commission on 27.8.2019.
The Revision Petition is allowed and disposed of accordingly.