Limitation period for filing appeal in consumer protection act
Legal Fighter
(Querist) 09 December 2011
This query is : Resolved
An order was passed by the consumer forum bu the other party didn't apply for certified order copy. Now after 5 months, they apply and get certified order copy and go to appeal saying that they obtained certified copy now.
The complainant had sent photocopy of certified copy of order after 15 days of passing of order through Speed Post.
Can the delay in filing appeal be condoned?
Devajyoti Barman
(Expert) 09 December 2011
The delay is likely to be condoned but not on the ground of certified copies but on some other grounds.
The appellate court is quite liberal in condoning the delay.
Raj Kumar Makkad
(Expert) 09 December 2011
There is no need to apply for the certified copy from DCDRF as it is provided free of cost soon after pronouncement and if any party fails to collect the same within a period of one month then such copy is sent through post so this is not the valid ground for condonation, however, practically delay is condoned keeping in view the stake of the parties under litigation.
prabhakar singh
(Expert) 09 December 2011
I agree with both of experts that delay in applying copy can not be ground for condonation,more particularly when it is supplied free of cost.
However you should not anticipate that ground would be this one.Any other reasonable ground
may be stated.Generally courts view to apply the discretion in favor of applicant unless some serious flaw is found in the application itself.
Legal Fighter
(Querist) 09 December 2011
here in U.P., consumer forums don't send any order copy by post.
now the complainant had filed caveat in state commission but the O.P. preferred appeal after 5 months and by that time my caveat was expired.
can the period between date of order and date of obtaining certified copy be condoned without any ground?
Legal Fighter
(Querist) 09 December 2011
any jujdgment in this regard?
prabhakar singh
(Expert) 09 December 2011
Only period taken by forum in preparing the copy shall be excluded that too when the copy was applied within time of appeal.
The following judgement may be beneficial to make out objections.You may search others too.
http://ncdrc.nic.in/rp26182002.html
dev kapoor
(Expert) 10 December 2011
But,whether law of Caveat is applicable to complaints under CPA ?
