Sanjay Chakraborty vs Mrinmoy Bhattacharya

THIS revision petition has been filed by the petitioner against the order dated 18.02.2014 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, ''the State Commission'') in SC Case No.FA/861/2012 Mr. Sanjay Chakraborty Vs. Mr. Mrinmoy Bhattacharya by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

BRIEF facts of the case are that Complainant/respondent no. 1 filed complaint before District Forum against OP No. 1/Respondent No.2 and OP No. 2/Petitioner and learned District Forum vide order dated 16.10.2012 allowed complaint partly and directed OPs to execute and register deed of sale in respect of flat within one month and further directed to pay compensation of Rs.50,000/ - and cost of Rs.10,000/ -. OP No. 2 filed appeal before State Commission and learned State Commission vide impugned order dismissed appeal against which this revision petition has been filed along with application for condonation of delay.

HEARD learned Counsel for the petitioner on application for condonation of delay. Petitioner submitted in the application that petitioner is a patient of diabetes mellitus type -2 and a patient of hypertension and could not muster money to come to Delhi for filing appeal which caused delay of 240 days and that may be condoned. It was further mentioned that petitioner was bed ridden for six months.

LEARNED Counsel for the petitioner submitted that as petitioner was suffering from disease and was bed ridden for six months and could not arrange money in time, delay of 240 days in filing revision petition may be condoned.

AS per office report, there is delay of 254 days in filing revision petition. Petitioner has not placed any document in support of his disease and in such circumstances; it cannot be presumed that petitioner was bed ridden for a period of six months from the date of impugned order. Petitioner has also not stated in the application as from where and when he managed money to come to Delhi for filing this petition and for paying fees to the Counsel for filing revision petition. In such circumstances, as there is no explanation at all for condonation of inordinate delay of 254 days, application for condonation of delay is liable to be dismissed in the light of judgments of Hon''ble Apex Court in (1) Oriental Aroma Chemical Industries Ltd. Vs. Gujarat Industrial Development Corporation and Anr., 2010 5 SCC 459; (2) Office of The Chief Post Master General and Ors. Vs. Living Media India Ltd. and Anr., 2012 3 SCC 563 and (3) Anshul Aggarwal Vs. New Okhla Industrial Development Authority,2012 2 CPC 3.

CONSEQUENTLY , revision petition filed by the petitioner is dismissed as barred by limitation at admission stage with no order as to costs.