COLLEGE OF EVENTS AND MEDIA KOREGAON PARK vs BHAGYASHREE KACHA

K. S. Chaudhari, Presiding Member

[1] This revision petition has been filed by the petitioner against order dated 23.12.2014 passed by the State Commission in appeal No.14/770 - College of Events & Media Vs. Kumari Bhagyashree Kancha by which appeal was dismissed as barred by limitation.

[2] Brief facts of the case are that learned District Forum vide ex-parte order dated 11.8.2014 allowed complaint of complainant-respondent and directed opposite party petitioner to refund Rs.1,92,550/- with 12% p.a. interest and further directed to pay compensation of Rs.50,000/- and cost of Rs.5,000/-. Appeal filed by opposite party along with the application for condonation of delay was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

[3] Heard learned counsel for the petitioner and respondent in person finally at admission stage and perused the record.

[4] Learned counsel for the petitioner submitted that in spite of no delay in filing appeal, learned State Commission dismissed appeal as barred by limitation though application was filed as a precautionary measure, hence revision petition be allowed and impugned order be set aside. On the other hand, respondent submitted that order passed by learned State Commission is in accordance with law hence revision petition be dismissed.

[5] Perusal of record reveals that on the basis of notice to the respondent received with endorsement ''unclaimed'', District Forum allowed complaint ex- parte. Opposite party in application for condonation of delay submitted that order dated 11.8.2014 passed by the District Forum came to the knowledge of opposite party on 27.10.2014 through friends of complainant and appeal was filed on 25.11.2014.

[6] If we hold that opposite party came to know about order of District Forum on 27.10.2014, appeal filed on 25.11.2014 was well within the limitation and strictly speaking, no application for condonation of delay was required to be filed. It appears that opposite party filed application as a precautionary measure because District Forum passed ex-parte order on 11.8.2014 and appeal was filed on 25.11.2014. Learned State Commission while quoting number of judgements, dismissed application for condonation of delay on the ground that opposite party has not filed affidavits of friends of complainant from whom they received information regarding order of District Forum. Strictly speaking, no such affidavit was required to be filed and there is nothing on record to substantiate that copy of order of District Forum was delivered to opposite party on or before 27.10.2014. In such circumstances, learned State Commission committed mistake in dismissing application for condonation of delay and in turn dismissing appeal as barred by limitation though District Forum proceeded ex-parte on the basis of ''unclaimed'' notice.

[7] Consequently, revision petition filed by the petitioner is allowed and impugned order dated 23.12.2014 passed by the learned State Commission in appeal No.14/770 - College of Events & Media Vs. Kumari Bhagyashree Kancha is set aside and delay, if any, in filing appeal before the State Commission is condoned and matter is remanded back to learned State Commission to decide appeal on merits after giving an opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 15.10.2015.

[8] Parties to bear their costs.