Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 48 days, which was caused in preferring the appeal against the judgment & order dated 25/02/2009 passed by District Consumer Forum, Akola in consumer complaint No. CC/08/232.
2. We heard Mr. Anilkumar, Ld. Counsel for the applicant/appellant and perused the application under order and the copy of impugned judgment & order and say submitted by the respondent. As the respondent as well as his counsel are absent we have had no opportunity to hear them.
3. Adv. Mr. Anilkumar for the applicant/appellant submitted that there was 48 days delay in filing the appeal on administrative ground only. It is submitted that after receipt of copy of impugned judgment & order the case papers were sent to Pune office of the appellant and then to Nagpur for taking decision for filing the appeal and therefore, there was such delay. It is submitted that there is legal point involved in the appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
4. True it is that the appellant was required to sent the case papers from Akola to Pune and Pune to Nagpur Office for taking decision for filing the appeal; but in our view there could be no such inordinate delay for 48 days though the case papers were required to be sent from Akola to Pune and Pune to Nagpur. If the appellant was interested in filing the appeal in time, in our view, it could have filed the appeal within the stipulated period of limitation. In our view no such 48 day’s period is required to send the case papers from Akola to Pune and Pune to Nagpur. In our view, if such inordinate delay is condoned without any just and reasonable ground the very purpose of the Consumer Protection Act for speedy disposal would be defeat. Hence, we are declined to condone the delay.
Hence, the following order:-
ORDER
i. Misc. Application No. MA/09/441 for condonation of delay stands dismissed.
ii. Consequently, the appeal bearing No.A/09/415 is dismissed.
iii. No order as to cost.
Dated:- 29/08/2012.
