Tribunals and Commissions(1995) 09 NCDRC CK 0028

SHIV RICE And GENERAL MILLS vs HARYANA STATE ELECTRICITY BOARD

National Consumer Disputes Redressal Commission · Decided on 15 September 1995 · Citation: 1995 3 CPJ 557 : 1996 1 CPC 412 : 1996 2 CLT 685

HON’BLE JUDGES
M.R.Agnihotri , S.Kulwant Singh J.
RESULT
Appeal dismissed

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Judgment

2 paragraphs · 212 words
1.

MEMORANDUM of appeal has been filed with a delay of 12 days. After hearing the learned Counsel for the appellant and having gone through the application for condonation of delay, we find that sufficient cause has been made out for not filing the appeal within limitation. Accordingly, the delay is condoned.

2.

THE complainant has filed this appeal against the order dated 3Ist of October, 1994 passed by the learned District Forum, Kamal whereby the complaint was dismissed being barred by time. Inasmuch as the cause of action had accrued to the complainant in September, 1989, when he applied for the reduction of load and the test report was verified. Whereas the complaint was filed on 15th of October, 1993. In the appeal before us, the complainant has not been able to advance any additional argument except reiterating his submissions already made before the learned District Forum i.e., being a continuing wrong, the complaint should not be treated as barred by limitation. We do not agree with this submission and on the other hand find that the complaint has rightly been dismissed and the impugned order passed by the learned District Forum deserves to be upheld. We order accordingly. The appeal stands dismissed with no order as to costs. Appeal dismissed.