This is an application U/S 5 of the limitation Act read with section 151 CPC and section 22 of the Consumer Protection Act filed by the petitioner Sri Nijam Uddin for condonation of delay of 171 days in filing the petition.

          It is stated in the petition that the incident of accident of vehicle (Truck) owned by the complainant occurred on 20/03/2016 at Kuling, Jowai Badorpur Road at NH 44 while the truck was going to Lumshnong from Agartala. The accident occurred as the vehicle fell down in a very deep gorge of about 400 feet and as a result of the accident the truck was damaged. It is further contended in the petition that the complainant after collecting all the material documents handed over the same to his engaged Advocate Md. Jahirul Islam of Agartala for preparation and filing of complaint petition before the State Consumer Redressal Commission, Agartala and accordingly on submission of complaint petition Case No. CC 02/17 was registered, but on 12/12/2017 the complaint was withdrawn with a liberty to file fresh petition due to some mistake and thereafter fresh complaint petition was submitted before the State Commission and it was registered as Case NO. CC 01/18, but the said complaint was also withdrawn for formal defect with permission to file a fresh petition before the Motor Accident Tribunal on 08/03/2018. The copy of withdrawal order was received on 14/03/2018. The complainant received the case file in the month of May, 2018 and thereafter engaged new Counsel Mr. M. Rahaman, Advocate of Kailashahar for preparation and filing of the complaint petition, but the Counsel because of devastating flood and auspicious occasion of Id-ul-ajah could not prepare the petition in time. Ultimately the petition was prepared on 06/09/2018 and the case was filed before this Forum on 10/09/2018 and thereby total 171 days delay was caused in filing the complaint petition before this Forum. It is further contended in the petition that the delay was quite unintentional and it is caused because of legal ground, for which the delay in filing the petition may be condoned.

          In the written objection it is stated from the side of the OP that the delay was caused by the complainant intentionally as it is huge for 171 days. If the complainant was sincere enough he could have filed the complaint petition within the period of maintainability and as such, the delay may not be condoned and the complaint should not be admitted.

          Heard learned counsels of both sides. Both the learned counsels argued in the same line as put down in the petition and written objection.

          It is a fact that there is a delay of 171 days in filing the complaint. It is obvious that the delay is for long days, but simultaneously it is also observed that the delay has been properly explained, which is on legal ground. Consumer Protection Act is social welfare legislation and considering the ground of delay and the spirit of the Act the delay of 171 days is condoned.

          The instant petition stands allowed and disposed of accordingly.

                             ANNOUNCED