Tribunals and Commissions(2000) 01 NCDRC CK 0016

STERLING HOLIDAYS RESORTS INTERNATIONAL LTD. vs B.R.BHATIA

National Consumer Disputes Redressal Commission · Decided on 20 January 2000 · Citation: 2001 2 CLT 591 : 2001 2 CPC 239 : 2002 1 CPJ 165

HON’BLE JUDGES
H.S.Brar , Jasbir Singh , Davinder Kaur Bhamrahs J.
RESULT
Application and Appeal dismissed

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Judgment

3 paragraphs · 329 words
1.

IT is an application for condonation of delay in filing the appeal.

2.

IT is curious enough to note that it is not mentioned in the application as to how much is the delay in filing the appeal. IT is mentioned in para No. 7 of the application that the appellant Company came to know about the aforesaid judgment dated 28.5.1999 only in October/November, 1999 when the appellant Company received a copy of the notice under Section 27 of the Consumer Protection Act from the learned District Consumer Disputes Redressal Forum, Bathinda (hereinafter called the District Forum). After receipt of the aforesaid notice, the Chandigarh Branch Office contacted its Zonal Office at Delhi, which in turn contacted its Head Office at Chennai for taking further appropriate action in the matter. After receiving instructions from the Zonal Office and Head Office of the Company, the Chandigarh Branch Office engaged the Counsel who in turn prepared the appeal and filed before this Hon''ble Tribunal. By making such vague averments in the application, a faint attempt has been made to explain the delay in filing the appeal. Nothing has been said anywhere as to when the copy of the impugned order of the District Forum was received by the appellant; as to how much time was consumed for preparation at different levels for filing the appeal. Even the date of filing the appeal before this Commission is not mentioned in the application. We find the date 31.12.1999 also from the grounds of appeal. We thus, are unable to cull out any evidence from the application, which could explain the delay in filing the appeal. Whether the financial position of the Company was good or bad; whether the Company had shifted its headquarter from one place to another place, has no bearing for explaining the delay in filing the appeal.

In these circumstances, we dismiss this application as frivolous. Appeal is also consequently dismissed as barred by time. Application and Appeal dismissed.