AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Shashank Anil Singh, the petitioner in person.
The above revision has been filed against the Order of Delhi State Consumer Disputes Redressal Commission dated 20.04.2023 dismissing the FA No. 104 of 2023 as time-barred in as much as the delay condonation application has been rejected. Petitioner pointed that impugned Order was passed on 20.01.2023 and free copy has been supplied on 24.01.2023. The period of 45 days from supply of the free copy expired on 10.03.2023 while the appeal was filed on 10.03.2023 there was no delay at all. The State Commission wrongly dismissed the appeal as time-barred.
A perusal of the Order of State Commission shows that the State Commission has counted limitation from the date of pronouncing the judgement dated 20.01.2023 while under section 12 of the Limitation Act the period in obtaining the certified copy has to be excluded and, therefore, the order of State Commission suffers from error apparent on the face of record. It is liable to be set aside. The revision is allowed. The Order of State Commission dated 20.04.2023 passed in FA No. 104 of 2023 is set aside. The matter is remitted to State Commission who shall admit the appeal and proceed to decide the same on merits in accordance with law after giving notice to the other side.
The principal onus of informing the respondent of this instant Order shall be of the petitioner. He shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.
However, if for whatever reason, the respondent does not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring its presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondent.
In case the respondent has objection, it may file appropriate application before the State Commission, submitting that it will raise its objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondent may file appropriate application before this Commission to raise its objection.
If the respondent move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If the respondent does not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.