Maharashtra

StateCommission

MA/13/103

Mr. M. Y. Patil - Complainant(s)

Versus

Branch Manager, SOTC/ Kuoni Travel India Ltd. Mumbai - Opp.Party(s)

20 Nov 2013

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/13/103
 
1. Mr. M. Y. Patil
11, Gautam Apt. Santacruz (W) Mumbai 400054
Mumbai
Maharashtra
2. Mrs Pushpa M Patil
11, Gautam Apt. Santacruz (W) Mumbai 400054
...........Appellant(s)
Versus
1. Branch Manager, SOTC/ Kuoni Travel India Ltd. Mumbai
Vaswani Mansion, 120, D V Road Churchgate Mumbai 400020
Mumbai
Maharashtra
2. Chairman, SOTC/ Kuoni Travel India Ltd. Mumbai
Urmi Estate, 8th Floor, 95 S K Marg, Lower Parel(W) Mumbai400013
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE R.C.Chavan PRESIDENT
 
PRESENT:
Applicant/Appellant No.1 in person
......for the Appellant
 
Adv. Ajay Pawar instructed by Adv. Anand V. Patwardhan for the Non-Applicants/Respondents
......for the Respondent
ORDER

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

 

 
 
[HON'ABLE MR. JUSTICE R.C.Chavan]
PRESIDENT

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