Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          Adv. Rajesh Kanojia alongwith Adv. S. P. Bharti is present on behalf of the Applicants/Appellants.  He files service affidavit in terms of Section 28-A of the Consumer Protection Act, 1986 as regards service of notice of delay condonation application to the Non-Applicant/Respondent.  Notice issued to the Non-Applicant/Respondent is returned with postal endorsement – ‘Not Claimed’.  Relying upon service affidavit filed today we hold that there is good service of notice of delay condonation application on the Non-Applicant/Respondent.  Non-Applicant/Respondent is absent today.  We heard Adv. Rajesh Kanojia alongwith Adv. S. P. Bharti on behalf of the Applicants/Appellants on the application for condonation of delay.

[2]     In filing an appeal bearing No.753 of 2011 there is an alleged delay of 04 days on the part of the Applicants/Appellants and to seek condonation of delay, the Applicants/Appellants have filed Miscellaneous Application No.461 of 2011.  Application for condonation of delay is supported by an affidavit sworn by Mr. Nityanand Shankar, Constituted Attorney of the Applicants/Appellants.  In the application for condonation of delay the Applicants/Appellants have stated the grounds as to why they could file the appeal within the prescribed period of limitation and as to how there was a delay of four days in filing the appeal occurred.  Relying upon the affidavit we hold that this is a fit case wherein delay of four days in filing the appeal needs to be condoned by allowing Miscellaneous Application No.461 of 2011 subject to certain costs since the Non-Applicant/Respondent has not come forward to contest this delay condonation application.

          Hence, we pass the following order:-

ORDER

Miscellaneous Application No.461 of 2011 seeking condonation of delay in filing Appeal No.753 of 2011 is hereby allowed.  Consequently delay in filing appeal stands condoned subject to payment of costs of `1,000/- to be deposited by the Applicants/Appellants into Legal Aid Fund of State Commission within a period of 30 days from today (since the order is passed in presence of Learned Counsel for the Applicants/Appellants) and failing which without any further reference to the State Commission the application for condonation of delay shall automatically stands dismissed.

Pronounced and dictated on 15^th March, 2012