Per Mr.Justice S.B.Mhase, Hon’ble President
Heard Ms.Gayatri Sharma-Advocate who appears as proxy on authority.
These appeals are directed as against the common order passed by the Central Mumbai District Consumer Disputes Redressal Forum in consumer complaint no.9/11 & 10/11. Both these complaints were dismissed on 05/03/2011. The appeals have been filed on 18/07/2011. There is delay of 89 days in filing these appeals and, therefore, delay condonation applications have been filed. In the delay condonation applications grounds made out are that there was Summer Vacation in the month of May 2011 and, thereafter, due to business assignment, applicant was not able to give instructions to file the appeal in time. In between two claims of the applicant have been settled by the respondents. However, present claim has not been settled by the respondents. Then he states that delay is not deliberate, intentional and prays for condonation. What is important to be noted that the vacation started on 09/05/2011 so far as High Court and judicial courts are concerned. State Commission has only declared non sitting dates, however, office of the State Commission was working and the filing was permissible. Not only that there was one bench provided for the hearing of urgent matters and the said bench was also available at Mumbai. Therefore because of the vacation matter could not be filed is not sufficient cause for the condonation of delay.
Secondly, what we have observed that before the commencement of the vacation the period of limitation was over. Therefore, advantage of the vacation cannot be claimed by the appellant and, thirdly, admittedly, appellant states that he was busy in other assignment. That means he was doing some other business. It is not a case wherein appellant was incapacitated to file appeal. There is no sufficient cause for condonation of delay. Applications itself are misconceived. Hence the order:-
ORDER
Misc.application nos.MA/11/390 & MA/11/391 stands dismissed.
Consequently, both the appeals does not survive for consideration. They are rejected as time barred.
Pronounced on 05th August, 2011.
