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Judgment
Ram Surat Ram Maurya,Presiding Member
The office has submitted report that there is delay of 24 days in filing the revision. The petitioner has filed IA/8789/2023 for condoning the delay. The impugned order was passed on 13.02.2023. The petitioner applied for certified copy of the order on 15.06.2023 which was issued on the same day and the revision petition was filed through e-filing on 22.06.2023. Subject to objection of the other side, delay in filing the revision is condoned.
Above revision petition has been filed against the order of the State Consumer Disputes Redressal Commission dated 13.02.2023 dismissing appeal no. 1772/2016 as time barred.
Order of the District Forum was passed on 28.05.2016 and certified copy of the order was issued on 24.08.2016. The appeal was filed on 08.09.2016. The State Commission in the impugned order, found that since the order of District Forum had passed in presence of the parties therefore, they had no justification for not obtaining its copy prior to 24.08.2016. Regulation 21 of the Consumer Protection Regulation, 2005 mandates for supply of free copy of the order. Under Section 12(2) of Limitation Act, 1963, the period taken in issuing certified copy of the order has to be excluded, while computing limitation.
A perusal of the photostate copy of the certified copy of the order dated 28.05.2016 shows that free copy was issued only on 24.08.2016 and the appeal was filed on 08.09.2016. It was well within limitation. The State Commission was not justified in dismissing the appeal as time barred.
ORDER
In the result, the revision petition is allowed. Order dated 13.02.2023 dismissing appeal no. 1772 of 2016 is set aside. The appeal is treated as filed within time. The State Commission is directed to decide the case on merits in accordance with law.