(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 07/04/2004 in Consumer Complaint No. 445/2000, Mr.Yogendra Tibrewala Vs. Mr.K.K.Saraf, Director Corporate Affairs & Company Secretary) Boston Education & Software Technologies Ltd., passed by District Consumer Disputes Redressal Commission, Mumbai Suburban District (‘Forum’ in short).
(2) By an impugned order, the complainant was dismissed for default for want of prosecution in absence in view of the fact that the complainant was remaining absent persistently. Feeling aggrieved thereby, the original complainant preferred this appeal. Since in filing the appeal, there is a delay of 45 days, application for condonation of delay is filed. Both the parties are remaining absent in spite of notice published on notice board, internet as well as by way of abundant precaution intimation given by post on 23/09/2011. Under the circumstance, we prefer to consider the application for condonation of delay on its merit.
(3) According to the applicant/appellant, copy of the impugned order was received by him in June, 2004 and thereafter he contacted his lawyer. After such contact/consultation, he preferred to file restoration application on 22/06/2004. Thereafter, he was informed by the office of the forum that such application cannot be entertained and appeal is the only remedy. Thereafter, since he was ill he could no contact his lawyer. The delay is, thus, tried to be explained.
(4) We find that when legal assistance is sought and therefore the time spent for filing and prosecuting restoration application, which is perse not tenable, cannot be considered. Further, the applicant/appellant tried to explain the delay referring to his illness. However, the statement about the illness is vague. Duration of the illness is not specified and, therefore, we find the delay is not at all satisfactorily explained. Holding accordingly, we pass the following order.
ORDER
(1) Appeal is not admitted. In the result, the appeal cannot be entertained.
(2) In the given circumstances, no order as to costs.
Pronounced on 10th February, 2012.
