Per – Hon’ble Justice Mr. S. B. Mhase, President
Heard Adv. Shyamali Hajer for the Appellant/Applicant and the Respondent/Non-Applicant on the application for condonation of delay.
[2] Appeal bearing No.A/10/1206 is directed as against an order dated 8/9/2010, passed by the Mumbai Suburban District Consumer Disputes Redressal Forum in Consumer Complaint No.398 of 2007, Mr. Bharat G. Chugh Vs. HDFC Bank Credit Card Division. The complaint filed by the Respondent/original Complainant was partly allowed and the Appellant/original Opponent was directed to reverse debit entry in sum of `27,413/- dated 21/5/2007 with interest @ 9%. Said order was directed to be complied with within a period of six weeks. Feeling aggrieved by the said order, the Appellant/original Opponent has filed this appeal. However, there is a delay of 22 days on the part of the Appellant/original Opponent in filing the appeal, and therefore, this Miscellaneous Application bearing No.670 of 2010 is filed, seeking condonation of delay. Cause for condonation of delay is that even though the copy of order was received by the Appellant/ original Opponent on 1/10/2010 because of ‘Diwali’ vacations, concerned lawyer could not take steps, and therefore, appeal could not be filed within time and there is a delay of 22 days. In fact, this cannot be a ground for condonation of delay. However, since the delay is of 22 days only, in the interest of justice we desire to give one fair opportunity to the Appellant/original Opponent. However, the Respondent/original Complainant, who in person is present, has a serious objection for condonation of delay. Under these circumstances, we condone the delay subject to payment of costs of `2,500/- to be paid to the Respondent/original Complainant by the Appellant/original Opponent within a period of 15 days. If the costs are not paid within a period of 15 days to the Respondent/ original Complainant, the appeal shall stand dismissed as time barred.
Pronounced and dictated on 6th September, 2011.
