ORAL ORDER
Per – Hon’ble Mr. Justice R. C. Chavan, President
Applicant/Appellant No.1, Mr. M. Y. Patil in person is present. Adv. Ajay Pawar instructed by Adv. Anand V. Patwardhan is present on behalf of the Non-Applicants/Respondents.
[2] This is an application for condonation of delay of alleged delay of 41 days on the part of the Applicants/Appellants in preferring Appeal No.219 of 2013 against the order dated 07/05/2013 passed by the South Mumbai District Consumer Disputes Redressal Forum in Consumer Complaint No.324 of 2011, Mr. M. Y. Patil and Another Vs. Branch Manager, SOTC/Kuoni Travel India Ltd. and Others, partly allowing the consumer complaint. Learned Advocate for the Non-Applicants/Respondents has tendered a reply opposing the application for condonation of delay.
[3] In the application for condonation of delay, it is stated that the Applicants/Appellants received the postal packet sent by ordinary post on 13/06/2013 as it was dropped at their door when they were away from the house. It is further stated that the Applicant/Appellant No.1 is suffering from chronic illness of cervical and lumbar spondylosis. Though the Learned Advocate for the Non-Applicants/Respondents has a very strong objection for allowing the application for condonation of delay, considering the reasons mentioned in the application, delay needs to be condoned. Holding accordingly, following order is passed:-
ORDER
Miscellaneous Application No.103 of 2013 seeking condonation of delay in filing Appeal No.219 of 2013 is hereby allowed. Consequently, delay in filing appeal stands condoned.
No order as to costs.
Pronounced and dictated on 20th November, 2013