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Judgment
Dinesh Singh, Presiding Member
Heard learned counsel for the petitioner and the respondent in person.
Perused the material on record.
The District Forum vide its Order dated 26.04.2016 had allowed the complaint.
The State Commission vide its Order dated 01.05.2019 had dismissed the appeal on limitation.
The instant revision petition has been filed under section 21(b) of the Act 1986 against the said Order dated 01.05.2019 passed in first appeal no. 56 of 2017 by the State Commission arising from the Order dated 26.04.2016 of the District Forum in complaint case no. 20 of 2014.
Perusal of the State Commission's impugned Order dated 01.05.2019, wherein it has examined the preliminary issue of limitation, makes it evident that sufficient cause to condone the delay in filing the appeal before the State Commission was not forthcoming.
However, having regard to the facts and specificities of the case, this Commission is of the considered view that the first appeal no. 56 of 2017 before the State Commission, arising from the Order dated 26.04.2016 of the District Forum, should, as far as (lawfully) feasible, be comprehensively and holistically examined on merit, on the facts and the law, with the affording of the due opportunity to all parties, with the delay being condoned subject to just and appropriate cost.
Again having regard to the facts and specificities of the case, cost of Rs.1,00,000/-, out of which Rs.50,000/- to be paid to the complainant -Pradumn Singh in complaint case no. 20 of 2014 and Rs. 50,000/- to be deposited in the Consumer Legal Aid Account of the District Forum, appears to be just and appropriate.
Accordingly, the delay in filing the first appeal no. 56 of 2017 before the State Commission is condoned, subject to cost of Rs.1,00,000/- to be paid by the revision petitioner, out of which Rs.50,000/- shall be paid to the complainant - Pradumn Singh in complaint case no. 20 of 2014 and Rs. 50,000/- shall be deposited in the Consumer Legal Aid Account of the District Forum, within a period of four weeks from today.
If the stipulated cost of Rs. 1,00,000/- is not paid / deposited as directed within the stipulated period of four weeks from today, the revision petition shall be treated as dismissed and the State Commission's Order dated 01.05.2019 shall sustain.
The State Commission is requested to adjudicate the appeal before it on merit as per the law.
This Commission has consciously refrained from entering into the consumer dispute, or making any critique on the facts and specificities of the case, or recording any observations or comments etc., since the first appeal has as yet to be adjudicated on merit by the State Commission and this Commission does not in any manner want to colour the vision of the State Commission.
All parties are directed to appear before the State Commission on 28.02.2020.
The Registry is directed to send a copy of this Order to the State Commission within seven days.
'Dasti', in addition, to facilitate timely compliance.