Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for both sides are present.
The petition for condoning the delay filed by the Appellant is taken up for hearing.
Being aggrieved by and dissatisfied with the Order dt. 15.03.2017 passed by the Ld. DCDRF, Barasat, North 24 Parganas in C.C. Case No.456 of 2016 allowing the Complaint Case ex-parte, the Appellant preferred this appeal with a petition for condonation of delay.
It appears from the petition for condonation of delay for 732 days that the Appellant was not aware of the proceedings before the Ld. Forum below and when the Warrant of Arrest was issued against him, he became aware of the same. The Ld. Advocate for the Appellant further submitted that the impugned judgement is not a reasoned one and it should be set aside.
But prime question is that whether the petition for delay should be condoned or not. In support of condonation of delay the Ld. Advocate for the Appellant referred to a decision of the Hon’ble NCDRC reported in 2010(3) CPR 44 (NC), where the delay for 954 days was condoned.
In the aforesaid decision we find that the OP of the case engaged an Advocate for taking proper steps, but the Ld. Advocate concerned did not take proper steps. So, the petition for condonation of delay was allowed in that case.
The Ld. Advocate for the Respondent submitted prior to institution of the case the Respondent assured that he would make some payment. The Ld. Advocate for the Respondent submitted that she filed an RTI application. She submitted that the petition filed by the Respondent, as well as the execution petition, was accepted.
But in the aforesaid decision there was a fault on the part of the Ld. Advocate. In the present case the OP did not take any steps. However, the prayer for receiving for condoning the delay is not sufficient.
Accordingly, the Appeal for condonation of delay is rejected and the appeal stands dismissed. The impugned order is upheld. There shall be no Order as to the costs.
Let a copy of this order be sent to the Ld. Forum below.
The Joint Registrar of this Commission is directed to do the needful in this regard.
