Shri. Chaitanya Kulkarni is present for Appellant. Appellant has filed application for condonation of delay of 44 days in preferring appeal and so we have heard advocate for the Appellant.. It is the case of the applicant that impugned judgement came to be passed by the learned Addl.District Consumer Commission, Nagpur on 23/6/2022 but the applicant did not receive the certified free copy of the judgement Applicant was not aware of the provisions of law being a common citizen and so after seeking necessary legal opinion he applied for second certified copy of the judgement which he received on 10/10/2022. Applicant has further contended that some time was also lost in engaging new advocate as earlier advocate did not assist the applicant and so there was a delay of 44 days in preferring appeal and the same was not intentional and the same be condoned. We have heard the learned advocate for the Respondent and perused the reply filed on record. Respondent has strongly opposed the application for condonation of delay contending that the applicant was very much aware of the proceedings as he was contesting the proceedings on every date and hence the  delay is not at all bonafide. 

          We have gone through the contents of the application as well as the grounds stated in the application. It is necessary to mention that due opportunity of adjudication has to be granted to the appellant/applicant to contest the appeal on merits. Applicant has also stated that being a common citizen he was not aware of the niceties of law and so some time was lost in preferring appeal. In view of the said contention, we feel that the application for condonation of delay needs to be allowed in the interest of justice. So far as delay of 44 days is concerned suitable cost can be saddled and so we pass the following order.

ORDER:- Application for condonation of delay is allowed and the delay is condoned subject to payment of cost of Rs.2500/- to be paid to the Respondent by next date.