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Judgment
C. Viswanath, J
The present Appeal is filed by the Appellant under Section19 of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Uttarakhand (hereinafter referred to as the "State Commission") in Complaint No. 03/2013 dated 29.07.2016.
Brief facts of the case are that the Respondent/Complainant was having a factory at Khasra No. 173, Village Raipur (Bhagwanpur), Industrial Area Roorkee, District Haridwar and was engaged in recycling, assembling and manufacturing of electronic items. The Respondent/Complainant had taken a Standard Fire and Special Perils Policy No. 250102/11/12/11/00000019 from the Appellant/Opposite Party Insurance Company for the period 04.05.2012 to 03.05.2013. Fire occurred in the premises of the Complainant on 27.11.2012 and was extinguished by the Fire Services. According to the Complainant he suffered a loss of Rs.65,96,000/- on account of damage to the building, materials and goods. The Respondent reported the incident to the Petitioner and lodged a claim. The Surveyor was appointed by the Petitioner but despite expiry of 4 months from the date of fire accident, the claim was not settled. A legal notice dated 05.02.2013 was sent to the Complainant alleging deficiency in service on the part of the Petitioner. The Respondent filed the Consumer Complaint. The State Commission allowed the Complaint and after making certain deductions towards the value of salvage as well as excess clause, directed the Insurance Company to pay a compensation of Rs.40,37,632/- to the Complainant alongwith interest @9% p.a. from 09.042013, i.e., date of filing of the consumer complaint till payment.
Aggrieved by the order passed by the State Commission, the Appellant filed the present Appeal before this Commission.
I have heard the Learned Counsel for the Appellant and also carefully perused the record.
IA No. 1059/2017 is an application for condonation of delay. According to the Appellant there was a delay of 85 days in filing the Appeal whereas as per the Registry the delay is of 143 days. No date has been mentioned in the application filed for condonation of delay and it also does not mention as to when the Appellant received the copy of the order of the State Commission. As per the record, the Order of the State Commission was passed on 27.09.2016. Certified copy of the order was issued on 30.07.2016 and the First Appeal was filed on 19.01.2017. The Appeal was filed after 174 days of issue of the certified copy of the order. Deducting the prescribed period of 30 days for filing the FA, delay in filing the appeal comes to 143 days. The Appellant contends that after passing of the impugned order, the Regional Office, Dehradun sought opinion from the local counsel for filing the appeal. Thereupon they sought approval of the Head Office. The Counsel instructed his clerk to get all the Hindi documents translated. Clerk stopped coming to office for 2 months and switched off his mobile. The aforesaid matter also got mixed up with other files. After the clerk joined the office winter vacation started. After the winter vacation, the Counsel was informed by his clerk that he forgot to get the Hindi documents translated. Due to the aforesaid reasons delay occurred in filing the appeal. All this shows the casual manner in which the whole matter was dealt. Delay was only procedural in nature and has not been properly explained. There is lack of reasonable diligence on the part of the Appellant and the explanation given is not convincing and sufficient to explain the inordinate delay in filing the present appeal.
The Appellant appears to have not acted diligently and remained inactive for fairly a long time. The Hon'ble Apex Court held that the settled legal proposition of law of limitation has to be applied with all its rigour when the statute so prescribes, though it may harshly affect a particular party. The Appellant has not been able to give adequate and sufficient reason which prevented him to approach this Commission within the limitation.
It is a settled proposition of law that condonation of delay is not a matter of right and the applicant has to set out the case showing sufficient reasons for not being able to come to the Court / Commissions within the stipulated period of limitation. The Hon'ble Supreme Court in the matter of Ram Lal and Ors. Vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361 has held as under:
"It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the Court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant."
The burden is put upon the applicant to show sufficient causes for the delay. The expression 'sufficient cause' has been discussed and defined by the Hon'ble Supreme Court in the case of Basawaraj&Anr. Vs. The Spl. Land Acquisition Officer, 2013 AIR SCW 6510, as under:
"Sufficient cause is the cause for which defendant could not be blamed for his absence. The meaning of the word "sufficient" is "adequate" or "enough", inasmuch as may be necessary to answer the purpose intended. Therefore, the word "sufficient" embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the view point of a reasonable standard of a cautious man. In this context, "sufficient cause" means that the party should not have acted in a negligent manner or there was a want of bonafide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted diligently" or "remained inactive". However, the facts and circumstances of each case must afford sufficient ground to enable the Court concerned to exercise discretion for the reason that whenever he court exercises discretion, it has to be exercised judiciously. Theapplicantmustsatisfythe Court that he was prevented by any "sufficient cause" from prosecuting his case, and unless a satisfactory explanation is furnished, the Court should not allow the application for condonation of delay. The court has to examine whether the mistake is bonafide or was merely a device to cover an ulterior purpose. (See: Manindra Land and Building Corporation Ltd. V. Bhootnath Banerjee &Ors, AIR 1964 SC 1336; LalaMatadin V. A.Narayanan, AIR 1970 SC 1953; Parimal V. Veena alias Bharti AIR 2011 SC 1150 L2011 AIR SEW 1233); and ManibenDevraj Shah V. Municipal Corporation of Brihan Mumbai, AIR 2012 SC 1629: (2012 AIR SCW 2412).
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It is a settle legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. "A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation." The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. The legal maxim "dura lexsedlex" which means "the law is hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a decisive factor to be considered while interpreting a statute.
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The law on the issue can be summarized to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature".
The Hon'ble Supreme Court has clearly held that party who has not acted diligently or remain inactive is not entitled for condonation of delay. The Hon'ble Supreme Court in the case of "R. B. Ramlingam vs. R. B. Bhavaneshwari, I (2009) CLT 188 (SC)" has also described the test for determining whether the petitioner has acted with due diligence or not. The Hon'ble Supreme Court has held as under:
"We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition."
Also in the case of "Anshul Aggarwal Vs. New Okhla Industrial Development Authority (2011) 14 SCC 578, the Hon'ble Supreme Court has warned the Commissions to keep in mind while dealing with such applications the special nature of the Consumer Protection Act. The Hon'ble Supreme Court has held as under:
"It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras."
In the case of "Post Master Vs. Balram Singh InaramLodhi, III (2018) CPJ 53 (NC)", the Hon'ble Supreme Court has held that Government Departments are not to be given any special privileges and they have to be treated like a common person and that Government Departments are under special obligation to perform their duty with due diligence and commitment. The Hon'ble Supreme Court has held as under :
"The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments"
In view of above, I find no sufficient ground to condone the delay. The application for condonation of delay is accordingly dismissed. As a consequence, Appeal is also dismissed in limine being barred by limitation.