3/18.10.2012

                Hazira is filed on behalf of the complainant through their Ld. Advocate. Heard the Ld. Advocate for the complainants with regard to the matters of admission hearing of the case including application for condonation of delay.

          Perused the instant complaint and the application for condonation of delay. The complainants have come up with the application for delay on the principal grounds of 1. Father’s illness, 2. Engagement in pursuing the Suit no.50 of 2011-12 before Registered Co-operative Society, Purba Medinipur and other reasons including Lawyer’s clerk’s fault in filling the case as also for rectification of complaint.

          It is alleged that their vehicle in question was kept in garage for repairing till 13.06.2008 after motor accident of the same. The vehicle was seized on 07.02.2009 by the OP2. In the said application there is no specific date/period as to medical treatment of hi father. It appears from the photocopy of the OPD tickets of SSKM in the name of Sri Surajit Ghosh that the date relates to 11.11.2004, 26.02.2005 i.e. long before cause of action. The other OPD tickets relate to treatment of Sri Surajit Ghosh on 09.04.2011 and onwards but the complainant did not file any document to show as to any cogent reason for delay for the period from 07.02.2009 to 08.04.2011. That apart, the other reasons shown by the complainant in the instant petition for delay in our view are not at all sufficient cause for delay in filing the instant complaint after lapse of three years and eight months. Hence, the petition for condonation of delay is rejected. That being so, the instant complainant is rejected since time barred as per provision of C.P. Act 1986.

           Sd/-                                  Sd/-                                           Sd/-

           S. Dutta                           S.S. Ali                                      A.K. Bhattacharyya

          Member                            Member                                     President