RITA KESH Vs. BISWANATH SINGHA

JUDGEMENT

(1.) This revision is directed against the order of the State Commission West Bengal dated 24.07.2017 vide which the State Commission dismissed the appeal preferred by the petitioner / complainant Rita Kesh on the ground of limitation. Relevant observations of the State Commission in the impugned order are reproduced as under:

(2.) Counsel for the petitioner has contended that order of the State Commission is not sustainable as it has been passed in utter disregard of Rule 5 (10) of West Bengal Consumer Protection Rules, 1987 which is reproduced as under:

(3.) Counsel for the petitioner has contended that impugned order is not sustainable as the State Commission has failed to appreciate that delay in filing of the appeal was unintentional. It occurred because free copy of the order of the District Forum which is required to be supplied by the Fora under Rule 5 (10) of the West Bengal Consumer Protection Rules was not supplied to the petitioner. Therefore, the petitioner had to apply for the certified copy of the order of the District Forum before filing the appeal, which resulted in delay. It is further contended that State Commission had committed mistake in appreciating that the petitioner was prevented from taking early steps for filing the appeal because of the financial problems due to demonetization of the currency by the government.