Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

Respondent No.1 is already marked ex-parte.  Heard the parties present on delay condonation application.  There is delay of 90 days in filing this appeal and therefore, Misc.Application No.1748/2009 for condoantio of delay is filed.  It is submitted on behalf of Applicant/Appellant that the copy of the impugned order was received on 19.08.2009 and thereafter they immediately referred the matter to their Advocate for legal opinion and on receipt of the opinion, they tried to settle the dispute with the original Complainant.  However, settlement talks failed in the second/third week of November, 2009.  Thereafter they filed appeal and therefore, there is delay in filings this appeal.

We find that though certain efforts made for settlement out of consumer Forum may be welcomed but the ground itself in the circumstances may not be held as  sufficient to condone the delay, but since, the efforts and the actions taken by the Applicant/Appellant shows their bonafide and, certainly, no malafides can be attributed to them.  Under the circumstances, we find that the delay is satisfactorily explained.  We hold accordingly and pass the following order:

ORDER

              (i)     Application for condonation of delay is allowed. 

            (ii)     Delay in filing the appeal is condoned subject to costs of `1,000/- to be paid to attending party, i.e. Non-Applicant No.2 by the Appellant.

          (iii)     The application for condonation of delay stands disposed of accordingly.

Pronounced on 6^th July, 2011.