Tribunals and Commissions(2000) 02 NCDRC CK 0021

MITTAL BUS SERVICE vs Justice M.Y.Kawoosa, President

National Consumer Disputes Redressal Commission · Decided on 10 February 2000 · Citation: 2001 2 CLT 631 : 2001 2 CPC 247 : 2002 1 CPJ 167

HON’BLE JUDGES
H.S.Brar , Jasbir Singh , Davinder Kaur Bhamrahs J.
RESULT
Application and appeal dismissed

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Judgment

3 paragraphs · 225 words
1.

IT is an application for condonation of delay of 23 days in filing the appeal.

2.

THE grounds for condonation of delay in filing the appeal have been mentioned in para Nos. 2 and 3 of the application, which are produced as under : "That copy of impugned order received by the appellant on 21.10.1999 and after few days appellant consulted the lawyer for filing the appeal, who in bona fide mistake stated that limitation for filing appeal is 60 days, and thus there was no reason for the appellant to disbelieve the Counsel. That only today it has cleared from the Counsel filing the appeal that limitation is expires as the period for filing the appeal is 30 days."

The applicant has not mentioned the name of the Counsel, who advised him that the limitation for filing the appeal was 60 days. Obviously, then he could not have filed any affidavit of the Advocate, who allegedly advised him that limitation for filing the appeal was 60 days and not 30 days. The ground taken in the application seems to be just made up. In these circumstances, we do not find any sufficient ground to condone the delay of 23 days in filing the appeal. This application is dismissed and consequently the appeal is also dismissed as barred by time. Application and Appeal dismissed.