(Passed on 16.04.2013)
Below Delay Condonation Application bearing No.MA/12/70
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 50 days, which was caused in preferring the appeal against the judgement & order dtd.07.10.2011 passed by the District Consumer Forum, Washim, dismissing Consumer Complaint No. CC/11/29.
2. We heard counsel for both the sides, perused the application under order, copy of impugned judgement & order and medical certificate.
3. It is submitted by Mr V Paliwal, Ld. Counsel for the applicants / appellants that applicants could not file the appeal in time as applicant No.1 Sanjay was ailing. According to him, applicant No.1 himself was looking after the matter and the other applicants were not acquainted with the facts of the case, etc. In support of this submission, the applicants have also produced medical certificate issued by Superintendent of Rural Hospital, Washim, which reflects that applicant No.1 Sanjay was suffering from viral fever with super impose severe weakness and therefore, he was advised for rest for 65 days, etc. On this ground it is submitted to condone the delay.
4. Per contra, Adv. Mr C S Samudra & Mr H N Verma Ld. Counsel appearing for non-applicants No.1 & 2 respectively, submitted that there is no just & reasonable ground to condone such inordinate delay. They also disputed the medical certificate. They have submitted that even if applicant No.1 – Sanjay was ailing, the other applicants could have filed the appeal in time. They have submitted to dismiss the application.
5. A bare glance at the medical certificate it creates doubt as to whether applicant No.1 – Sanjay was seriously ailing or not. In our opinion, even if applicant No.1 was suffering from viral fever for some days, it can not be accepted that he was required to have rest for 65 days. Even the medical certificate does not reflect that the applicant No.1 – Sanjay was advised for bed rest. Therefore, in any case, in our opinion, the applicant No.1 could have contacted his counsel and could have filed the appeal within the stipulated period of limitation.
6. Moreover, as submitted by the Ld. Counsel for the respondents, other applicants are being major, could have filed the appeal in time. Though, the applicant No.1 himself was looking after the matter, there could be no reason for other applicants to remain silent for such long period of two months when applicant No.1 was ailing.
7. Thus, we find no just & reasonable ground to condone such inordinate delay. Therefore, we are declined to condone the delay and pass the following order:-
ORDER
i. Application for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No. FA/12/1 stands dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
