(Passed on 05.11.2012)
Order below Application for Condonation of Delay bearing No.MA/10/128 in Appeal No.A/10/155
Per Mr S. M. Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 270 days which was caused in preferring the appeal against the judgement & order dtd.20.02.2009 passed by District Consumer Forum, Nagpur in Consumer Complaint No.CC/08/682.
2. We heard Ld. Counsel for both the sides, perused the application under order and copy of impugned judgement & order.
3. It is submitted by Adv. Mr Gabhane for the applicant / appellant that there was such delay in filing the appeal as the applicant was not aware about the passing the impugned exparte judgement & order. It is submitted that the applicant came to know about the same when the applicant received the notice of execution application on 23.04.2009. Thereafter, the applicant obtained the copy of impugned judgement & order and filed this appeal alongwith this application for condonation of delay. It is further submitted that there is legal point involved in this appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
4. Per contra, Mr Sahare, Ld. Counsel for the non-applicant /
respondent submitted that there is no just and reasonable ground to condone such inordinate delay. It is submitted that the applicant has purposely avoided to appear before the Forum though he was served with notice of Consumer Complaint. Further it is submitted that the applicant was well aware about passing of exparte judgement & order; but he purposely caused delay in preferring the appeal just to avoid execution of impugned judgement & order. It is submitted to dismiss the application.
5. On perusal of the copy of impugned judgement & order it reflects that the applicant was duly served with the notice of Consumer Complaint. But he failed to appear and resist the compliant and therefore, the complaint came to be proceeded exparte.
6. However, Mr Gabhane, Ld. Counsel for the applicant submitted that the Consumer Complaint notice was sent to the appellant on its original office address at Jaitala, Nagpur. According to him the applicant has shifted his office from Jaitala to Beltarodi, Nagpur and therefore, the appellant was not aware about service of notice. It is submitted that the notice was received by Watchman; but it was not given to the applicant. Therefore, applicant was not aware about the filing of Consumer Complaint by the respondent, etc.
7. But we find no force in the submission of Mr Gabhane, Ld. Counsel for the applicant. Firstly because, undisputedly, the applicant was served with the complaint notice at its address, which was given in the deed of agreement. But the changed address of its office was not communicated to the non-applicant. Secondly, when the complaint notice was received by the Watchman of the applicant, it cannot be disputed that it was intimated or given to the applicant by his Watchman. Therefore, on any count, the contention of the applicant that it was not received the complaint notice, cannot be accepted.
8. Apart from the above facts, though admittedly, the applicant has received the copy of impugned judgement & order on 23.04.2009, the appeal is not filed within time and it came to be filed alongwith this application on 24.02.2010. However, it is submitted by Mr Gabhane, Ld. Counsel for the applicant that as applicant was suffering from Jaundice, he could not file the appeal immediately after receipt of copy of the impugned judgement & order. According to Adv. Mr Gabhane, applicant was suffering from Jaundice for six months but no medical certificate or case papers to that effect are produced. Therefore, the contention of Adv. Mr Gabhane cannot be accepted.
9. For the foregoing reasons, we find no just and reasonable ground to condone such inordinate delay of 270 days. If such inordinate delay in the absence of just & reasonable ground, is condoned the very object of legislature would be defeated.
10. Hence, we are declined to condone the delay and pass the following order:-
ORDER
i. Application for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No.A/10/155 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
