Limitation Petition in Consumer appeal

 

 

 

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, at Bhawani Bhawan, 31, Belvedeare Road, Alipore, Kolkata – 700 027.

.

                                                         

                                                          Memo of Appeal no…………of 2013.

 

                                                          In the matter of :-

 

An application under Section 15 of the Consumer Protection Act, 1986, for Condo nation of delay in filing the above appeal;

 

A N D

 

In the matter of :-

 

M/s. GRSV Projects, represented by its Proprietor Shri Rahul Das, of 25A, Raja Ram Mohan Roy Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas.

 

                             ………..Appellant / Respondent.

 

 

 

 

 

 

 

-          Versus –

 

Shri Asit Chatterjee, Son of Late Amitava Chatterjee, of 31C, Hemchandra Mukherjee Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas.

                             ……………Respondent / Petitioner / Complainant.

 

To,

 

The Hon’ble President and his companion Members of the State Commission.

 

 

The Petition for Condonation of Delay in filling appeal of the appellant above named most respectfully Sheweth as under :-

 

1. That on 06-02-2013, the appellant was arrested by Police, and produced before the Learned Forum, in Execution Application being no. E.A. no. 54 of 2012, and whereas at the time of his production in person before the Learned Forum, an application for bail was placed and moved before the Learned Forum, though not granted. The appellant thereafter again placed his petition for bail along with a petition for payment of Rs. 70,000/- by Cheque being no. 869163 dated 06-02-2013 and another Cheque being no. 869165 dated 08-02-2013, and Cash payment of Rs. 30,000/-, and whereas the Learned Forum on accepting the payments through those cheques and cash considering the prayer for Bail and granted Interim Bail of Rs. 10,000/-.

 

 

 

 

 

 

2. That the 6^th day of February’ 2013, was the first occasion, while the appellant came into the knowledge about the Consumer Case decisions and other facts related to that, and whereas prior to such date the appellant was not in any knowledge about the consumer case and more particularly not aware about any disputes with the respondent / Complainant.

 

3. That thereafter the Complainant enquire about the said Consumer Case being no. C.C. no. 44 of 2012, through his Learned Advocate, and taken endavour to have certified copy of the petition of Complaint and other necessary petition/s and order/s, which has been received as on 22-03-2013.

 

4. That on bare perusal of the petition of Complaint it is found that the respondent / complainant did not made party to the Land Owner and whereas it has been stated that the appellant is Owner cum developer in respect of the property, which is not correct versions and whereas the facts has been suppressed and proper party has never been made and further more some concocted story has been drawn up and allegations has been leveled by the respondent / complainant against the appellant / respondent to clinch issues in his favour to get order from the Learned Forum, though nothing has ever been substantiated with any evidentiary valued documents and or papers. The address for notice has been wrongly described in the petition of complaint and the Xerox copy of A/D card which has been annexed to the petition of complaint does not bear signature of the appellant / respondent, and whereas in the proceedings before the Learned Forum, the respondent / complainant did not submit any Evidence on Affidavit and also did not submit any original agreement for sale as well as other documents, upon which he relied upon, though the respondent / complainant achieved in his endavour and the Learned Forum delivered Judgment in his favour, on 13-07-2012.

 

 

 

 

 

 

7 : That the followings are the circumstances and reasons of delay in filing such appeal on 25-03-2013.

 

a.    Order & Judgment passed on 13-07-2012, and appeal filed on 25-03-2013.

b.   Delay of 254 days ( i.e. 18 days in July’2012, 31 days in August’ 2012, 30 days in September’ 2012, 31days in October’ 2012, 30 days in November’ 2012, 31days in December’ 2012, 31days in January’ 2013, 28 days in February’ 2013, 24 days in March’ 2013 ).

c.    As the said Consumer case has been decided exparte, the Appellant was not in the knowledge of the said Case.

d.   The Knowledge of the Order & Judgment only came on 06-02-2013, while the appellant was arrested and produced before the Learned Forum.

e.    From 06-02-2013 and appeal filed on 25-03-2013, containing the days of 46 numbers, wherein 21 days included for obtaining Certified Copy of the impugned order and judgment dated 13-07-2012.

f.     Remains 25 nos. of days.

g.    The appellant was mush seriously depressed, and for the reasons he could not place the appeal within the time or at an early date, and ultimately cause delay, though such delay has not been ever cause willfully or deliberately though the same is result of the circumstances beyond control.

h.   The appeal filed on 25-03-2013.

 

 

 

 

 

i.     Delays caused are not willful rather the circumstances beyond control.

 

8 : That the delay of 254 days from the date of Order & Judgment dated 13-07-2012, till the date of filing this appeal, may kindly be condone, considering the above stated circumstances and reasons.

 

9 : That the Appellant / Respondent / Opposite Party, state and submits that there has not been any default and / or negligence and / or carelessness on the part of the Appellant / Respondent / Opposite Party, and as such the Appellant / Respondent / Opposite Party, should not made to suffer.

 

10 : That the Appellant / Respondent / Opposite Party, further state and submits that he was sufficiently prevented from presenting the appeal before the Appellate Forum for the reasons as explained in the foregoing paragraphs.

 

11 : That unless an appropriate order or orders are passed for condonation of delay of 254 days in preferring the instant appeal, appellant will suffer irreparable loss and injury.

 

12 : That the appellant has been advised that otherwise he have strong merits in his case and therefore unless the delay is condoned your appellant will suffer irreparable loss and injury.

 

 

 

 

 

 

13 : That the appellant / Respondent / Opposite Party, enclosed herewith the copy of Certified copy of Judgment dated 13-07-2012 in C.C. no. 44 of 2012, and copy of the Order dated 06-02-2013, in Execution case being E.A. no. 54 of 2012,  collectively marked as Annexure – “A”, for the kind consideration of the Hon’ble State Commission.

 

14 : That balance of convenience is wholly in favour of order being made as prayed for hereinabove.

 

In the premises aforesaid, your Appellant most  humbly pray that Your Lordship would graciously be pleased to condone the delay of 254 days ( Two Hundred and Fifty Four days ), caused in preferring the above appeal;

 

-          AND –

 

To pass such other necessary order or orders as Your Lordship may please to prevail the interest of administration of justice.

 

And for this act of kindness, the Appellant, as in duty bound shall ever pray.

 

 

AFFIDAVIT

 

I, Sri Rahul Das, Son of Sri Kanailal Das, aged about __________years, by faith Hindu, by Occupation Business, residing at premises being no. 25A, Raja Ram Mohan Roy Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas, do hereby solemnly affirm and says as follows :

 

1 : That I am the Proprietor of M/s. GRSV Projects, situated at premises being no. 25A, Raja Ram Mohan Roy Road, Police Station – Haridevpur, Kolkata – 700 008, District – South 24 Parganas.

 

2 : That I am competent to swear this affidavit.

 

3 : That the Statements made in paragraph nos _________to ____________are true to my knowledge, and the rests are my humble submission before the Hon’ble State Commission.

 

 

DEPONENT

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate.

 

N O T A R Y