Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This is an application for condonation of delay of 128 days in filing the appeal bearing No.811/2009.
We heard Mr.U.B. Wavikar, Advocate for the appellant and Mr.Aziz Miya Patel, respondent in person.
It is stated on behalf of applicant/appellant that copy of the impugned order dated 06/12/2008 was received by it on 29/12/2008 and thereafter, the applicant which is Finance Company entrusted the papers to its employee Mr.Nityanand S. Vazhakulath for the purpose of filing appeal. It is further stated that said employee suddenly proceeded to his native place due to some family problem keeping the papers locked in his locker. He returned on 07/04/2009 and thereafter, lawyer was contacted and then after completing necessary formalities relating to Section 15 of the Consumer Protection Act, 1986; the appeal was filed on 04/06/2009.
To support the application for condonation of delay, affidavit of Mr.Nityanand S. Vazhakulath dated 18/02/2011 is filed. This is nothing but the verification affidavit to the application for condonation of delay. Neither this application nor the affidavit speaks about the circumstances under which this employee suddenly required to leave for his native place and why he could not make arrangement regarding filing of appeal or brought it to the notice of his employer. Therefore, such statement itself is vague.
As far as second ground of delay is concerned, it relates to preparing the necessary demand draft in order to file appeal and to comply simultaneously the provisions of Section 15 of the Consumer Protection Act, 1986. Since, the provisions of law regarding filing of appeal are well settled, there cannot be a confusion when the assistance of lawyer is taken. Under these circumstances, this ground also does not find any merit and certainly, does not explain the delay.
For the reasons stated above, we find that the applicant/appellant failed to explain the delay in satisfactory manner and holding accordingly, we pass the following order :-
-: ORDER :-
1. Misc. Appl. No.920/2009 for condonation of delay stands rejected.
2. Consequently, appeal No.811/2009 is not entertained.
3. In the given circumstances both the parties shall bear their own costs.
4. Copies of the order be furnished to the parties.
Pronounced
Dated 11th July 2011.
