Forum dismisses delayed appeal by Shivajinagar post master
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Says delay by government departments due to 'procedural red tape' is unacceptable
The National Consumer Disputes Redressal Commission recently refused to entertain an appeal filed by Shivajinagar post master as he had failed to file it within the prescribed period of 30 days. The court also referred to a Supreme Court judgment stating that '...there is no need to accept the usual explanation that the file was kept pending for several months/ years due to considerable degree of procedural red tape in the process.'
The Shivajinagar post master along with the post master of Osmanabad had filed a revision petition against Balaji Kishore More from Osmanabad in the National Commission last month. The appeal was filed after the Maharashtra State Consumer Disputes Redressal Commission on July 28, 2011 refused to entertain the appeal as it was filed with a delay of 53 days. The appeal was filed against the original order of Osmanabad District Consumer Disputes Redressal Forum passed on February 11 last year that directed Pune and Osmanabad post masters to award compensation of Rs 10,000 with Rs 2,000 for inordinate delay in delivery of a letter.
The state commission had observed in its order that the delay was of 53 days as against the prescribed time of 30 days. The delay was because the matter was sent for legal opinion to joint secretary, Ministry of Law, after which the papers were handed over to assistant solicitor general of India, Bombay High Court Bench at Aurangabad. While rejecting the appeal, the state commission came to a conclusion that the reason shown for the delay is just shuffling of papers from one office to another, which cannot be considered just or proper.
Surprisingly, the appeal that was filed in the National Commission was after a further delay of 77 days. The National Commission bench of its presiding member V B Gupta and member Vinay Kumar dismissed the revision petition on grounds that the reason for delay was not explained to their satisfaction.
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