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Judgment
THIS revision petition has been filed by the petitioner against the order dated 10.01.2012 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (in short, ''the State Commission '') in Revision Petition No. 3 of 2011 - The United India Ins. Co. Ltd. & Ors. Vs. M/s. Krishna Plastic by which, order of District Forum was modified.
BRIEF facts of the case are that complainant/petitioner filed complaint before District Forum and was awarded amount of Rs.1,69,625.50 with interest @ 9% p.a. In appeal, rate of interest was enhanced by the learned State Commission from 9% to 12%. Thereafter, OP/respondent issued two cheques for Rs.3,73,733/ - and Rs. 40,319/ - after deducting Rs.28.061/ - as TDS. Petitioner filed execution before District Forum and District Forum held that deduction of TDS was not proper and directed OP to refund TDS amount. OP filed revision before State Commission and learned State Commission vide impugned order held that lower form rightly directed to refund Rs.28,061/ - against which, this revision petition has been filed along with application for condonation of delay of 109 days.
HEARD learned Counsel for the parties on the application for condonation of delay. Petitioner submitted in the application that copy of order dated 10.1.2012 was received by his Advocate on 4.2.2012 and petitioner was diagnosed with Jaundice and fever on 10.4.2012 and was advised complete bed rest till recovery. Petitioner got fit in the second week of July, 2012. Thereafter, he approached his Advocate to prepare revision petition who in turn sent it for signatures on 4.8.2012 and later on, he signed the revision petition. The revision petition was filed on 22.8.2012 and in such circumstances; delay in filing revision petition may be condoned.
LEARNED Counsel for the petitioner submitted that as delay occurred due to ill health of the petitioner, the delay may be condoned. On the other hand, learned Counsel for the respondent submitted that as there is no reasonable explanation for condonation of delay, application may be dismissed.
PERUSAL of application clearly reveals that from 4.2.2012 to 10.4.2012, petitioner has not given any reason for not getting revision petition prepared. Petitioner has filed prescription dated 10.4.2012, 17.4.2012 and 27.4.2012 and has also filed prescription of 25.5.2012 and in such circumstances, it can be presumed that petitioner was suffering from ailment from 10.4.2012 to 25.5.2012 and on 15.7.2012 he was found fit for work and later on approached the Advocate and filed revision petition on 22.8.2012. I deem it appropriate to condone the delay due to his illness subject to cost.
CONSEQUENT LY , application for condonation of delay is allowed subject to depositing Rs.5000/ - as cost with the Legal -aid Account of this Commission.
PUT up for final hearing at admission stage on 8.12.2014.