ORDER NO.3     DATED 26.08.2013

MR. J. BAG, MEMBER

          Record is put up for passing order on the petition for condonation of delay in filing the present appeal under FA/561/2013.

          The prayer for condonation of delay in filing the appeal against the impugned ex parte order dated 29.08.2012, passed by the Ld. Consumer Disputes Redressal Forum, Unit-I, Kolkata, in CDF/Unit-I/Case No.250/2010, between Sri Dilip Kumar Jain vs. Chief Commercial Manager, South Eastern Railway & Ors, has been heard.

          In his submissions Ld. Advocate for the Appellant stated that the Order No.19 in CDF/Unit-I/250 of 2010 was passed by the Ld. Forum below on 29.08.2012 ex parte but the appeal could not be filed within the statuary period of 30 days, as provided under Section 15 of the Consumer Protection Act. Appellant came to know about the passing of the order dated 29.08.2012 only on 25.04.2013. Certified copy of the same was obtained on 02.05.2013. After receipt of the certified copy of the impugned order, steps were taken for filing the appeal after due consultations and finally appeal has been filed on 23.05.2013. The time so consumed for filing the appeal, after receipt of free copy of the impugned order on 25.05.2013 and certified copy of the same on 05.05.2013, was unavoidable as necessary documents had to be arranged for consultation with concerned Advocate, who prepared a draft copy of the appeal, after due conference with departmental officials on 16.05.2013. The same was handed over to the Appellant Petitioner for their study and approval on 21.05.2013. The final draft being ready in every respect, after incorporating necessary changes, the Memo of Appeal has been filed on 23.05.2013. The delay caused in filing the appeal is unintentional and was unavoidable and hence, this may be condoned for ends of justice.

          Ld. Advocate for the Respondent submitted that in spite of proper service of notice upon the OP/Appellant herein, the complaint was not contested by them, and accordingly, the ex parte order was passed by the Ld. Forum below. Free copy of the order dated 29.08.2012 was issued on 07.09.2012. Dhr. obtained the certified copy of the said order and  communicated the same to the Jdr. through registered post on 19.09.2012. Copy of postal receipt has been furnished in support of the statement. This clearly proves that the Appellant neglected to file appeal in due course as provided under Section 15 of the Consumer Protection Act. Thus, the reasons for delay in filing the present appeal are not at all convincing or sufficient. It was only after receipt of summons issued in connection with the Execution Case started before the Ld. Forum below that the Appellant made a move to file an appeal. Object of expeditious adjudication of consumer disputes will get defeated, as observed by the Hon’ble Supreme Court, in their decision as reported in IV (2011) CPJ 63 (SC) and as well as by the Hon’ble National Commission in their decision in First Appeal No. 429 of 2013, if  the present appeal is admitted with condonation of delay. The present prayer deserves to be rejected.

          Going by the petition for condonation of delay, it appears that though the reasons for delay, after receipt of the certified copy of the impugned (ex parte) order on 02.05.2013 have been explained, but such delay for long period particularly after receipt of the certified copy of the impugned order as sent through registered post by the Complainant on 19.09.2012, remained unexplained. No sufficient cause of delay for the said period has been furnished.

          Decision of Hon’ble Supreme Court and Hon’ble National Commission as relied upon having the guiding force, the delay condonation prayer in the present case is rejected. Consequently the appeal stands dismissed and the impugned order confirmed.