ORALORDER:- (Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) Heard both the parties on the application for the condonation of delay in filing the appeal which takes an exception to an order dated 04/10/2011 passed in Consumer complaint No.14/2011, Consumer Welfare Association & ors. Vs. Bajaj Allianz General Insurance Co.Ltd., passed by Central Mumbai District Forum (‘the forum’ in short). There is an alleged delay of 85 days in filing the appeal.
(2) The delay is tried to be explained stating that since after receipt of copy of impugned order it was forwarded to Mumbai office and which in return required forward it to Pune Head Office where after considering the papers directed the appellant to file appeal. Subsequently, appellant took steps to file appeal. Some time was consumed in taking necessary draft to file appeal in compliance of Sec.15 of the Consumer Protection Act, 1986 (‘the Act’ for brevity). There is no rebuttal to these facts by the non-applicant/respondent.
(3) We find that though the applicant/appellant being a corporate body and had taken recourse to automation, allowed it to cause such delay. However, we find that the statement made in the application that the applicant/appellant has taken immediate steps and on receiving requisite approval, filed the appeal. Hence, no malafides are to be attributed to the applicant/appellant. Under the circumstances, the delay is satisfactorily explained and holding accordingly, we pass the following order.
ORDER
(1) The application for condonation of delay is allowed subject to cost of `5,000/- to be payable by applicant/appellant to non-applicant/respondent.
Pronounced on 31st July, 2012.
