Pawan Rai vs Dhantersi Devi

The present revision petition has been filed by Smt Pawan Rai against the order dated 05.05.2015 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in MA no. 12 of 2015 in Appeal no. 2400 of 2011.

Heard the learned counsel for both the parties. Learned counsel for the petitioner has stated that an order dated 22.10.2011 was passed by the District Forum. The opposite party filed an appeal being FA no. 2400 of 2011 before the State Commission. The State Commission vide its order dated 19.09.2014 dismissed the appeal without hearing the appellant as none was present on the date of the argument on behalf of the appellant before the State Commission. The State Commission has dismissed the complaint on account of limitation as well and the State Commission has observed that there is a delay of 30 days in filing the appeal. Learned counsel for the petitioner has stated that the delay in filing the appeal was already condoned vide order dated 06.01.2012, therefore, the observation of the State Commission in respect of the delay in filing the appeal was not required and it is not correct. Learned counsel has further stated that he has a good case on merit in his appeal and it should be decided on merit after hearing the appellant.

On the other hand the learned counsel for the amicus curiae appearing on behalf of the respondent/ complainant stated that both the fora below have given a concurrent finding in respect of deficiency on the part of the opposite party and therefore, this Commission is not required to interfere in the order passed by the State Commission. He further states that, already the complainant has suffered litigation for so many years and the matter should be decided finally.

We have carefully considered the arguments advanced by both the learned counsel for the parties and have examined the record. First of all it is seen that if the delay in filing the appeal was already condoned by the State Commission vide its order dated 06.01.2012, the State Commission should not have given an observation in the final order that the appeal was filed with a delay of 30 days and no application for condonation of delay was filed. Therefore, this part of the order is against the record and therefore, cannot be sustained. It is also seen that the appellant was not present on the day of the argument, therefore, the version of the appellant could not be taken into consideration by the State Commission. Hence, in the interest of justice, we deem it appropriate to remand the matter to the State Commission for deciding the appeal on merit at a cost of Rs.15,000/- (Rupees fifteen thousand only) to be given to the complainant by the appellant. Cost be paid on or before the next date of hearing before the State Commission.

Parties to appear before the State Commission on 28th September 2020.