M/S. Cox And Kings Ltd. vs Vijay Baburaoji Chandawar

THIS revision petition has been filed by the petitioner against the order dated 01.03.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (in short, ''the State Commission '') in Appeal No. A/10/337 - Cox & King (India) Pvt. Ltd. Vs. Shri Vijay Baburaoji Chandawar by which, appeal was dismissed as barred by limitation.

BRIEF facts of the case are that complainant/respondent filed complaint before District Forum for recovery of Rs.1,03,000/ - and compensation of Rs.50,000/ - on account of deficiency in service. OP/petitioner filed reply and submitted that complainant accepted Cheque of Rs.2,24,800/ - dated 15.6.2007 without any protest and further denied any deficiency and prayed for dismissal of complaint Learned District Forum after hearing both the parties, allowed complaint and directed OP to refund Rs.1,03,000/ - with interest and awarded cost of Rs.3,000/ - against which, appeal filed by the petitioner was dismissed as barred by 135 days against which, this revision petition has been filed along with application for condonation of delay. Heard learned Counsel for the parties finally at admissions stage.

LEARNED Counsel for the petitioner submitted that delay of 13 days for filing revision petition be condoned. As there is only delay of 13 days in filing revision petition, we deem it appropriate to condone the delay of 13 days in filing revision petition.

LEARNED Counsel for the petitioner submitted that learned State Commission committed error in dismissing appeal on the ground of delay; though, there was legal question involved in the appeal; hence, revision petition be allowed and impugned order be set aside and application for condonation of delay be allowed subject to cost. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed. There was delay of 135 days in filing appeal and petitioner submitted in the application for condonation of delay that time was taken in translating judgment from Marathi to English and seeking sanction from the concerned authorities.

NO doubt, it is not satisfactory explanation for condonation of delay, but as learned State Commission has observed in the order that legal point was involved in the appeal and we also found that when payment was accepted by the complainant without any protest, complaint filed after almost 21 months may not be maintainable. In such circumstances, learned State Commission ought to have allowed application for condonation of delay subject to cost and should have decided appeal on merits instead of dismissing appeal as barred by limitation.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and impugned order dated 1.3.2013 passed by learned State Commission in Appeal No. A/10/337 - Cox & King (India) Pvt. Ltd. Vs. Shri Vijay Baburaoji Chandawar is set aside and application for condonation of delay filed by the petitioner before the State Commission is allowed subject to payment of Rs.10,000/ - as cost to the respondent and matter is remanded back to the 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 4.7.2014 and petitioner is directed to make payment of cost on or before 4.7.2014 to the respondent.