Advocate Mr.Anthony is present for applicant. Respondent and advocate both are absent. Applicant/appellant has filed the appeal alongwith application for condonation of delay of 77 days in preferring the present appeal. Appellant has contended that the impugned order came to be passed by the learned District Consumer Commission Gadchiroli on 25/02/2022 and certified copy of the order was received in the month of April 2022. Appellant has contended that thereafter the papers were forwarded to Divisional Office at Nagpur alongwith record and thereafter the Divisional Office sent the papers to the legal cell of Regional Office which called for opinion from the concerned advocate. Appellant has contended that after the proper approval was obtained from the legal cell, the case papers were received from the concerned advocate on 28/06/2022 and then the appeal was preferred. Appellant has contended that in the process of obtaining necessary approval from the Regional Office delay of 76 days has taken place but the same was solely due to  administrative grounds and was not deliberate or malafide.

          Respondent has filed reply to the application strongly opposing the same. Respondent has contended that the delay was not at all  unitnetional and infact prejudice is likely to be caused. We have carefully gone through the contents of the application. Bare perusal of the application shows that delay of 77 days is attributed to procedural requirement of the Regional Office of the appellant. Admittedly the appeal has to be adjudicated on merits  and so we feel that  due  opportunity of adjudication needs to be granted to the applicant/appellant. In this back ground we feel that the application for condonation of delay of 77 days will have to be allowed in the interest of justice. So far as the aspect of delay of 77 days is concerned, suitable cost can be imposed. Accordinlgy we pass the following order.

1. Application for delay condonation is hereby allowed with cost of Rs.2,500/- to be paid by applicant/appellant to non applicant/respondent within period of two weeks. Adjourned to 25/04/2023.
2. On payment of cost appeal be taken on record.
3. Adjourned to 03/05/2023.