Maharashtra

StateCommission

A/11/168

SHRI AMAR GANPATRAO DIGE - Complainant(s)

Versus

GOURI CONSTRUCTION PVT LTD - Opp.Party(s)

RAHUL KULKARNI

19 Mar 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/11/168
(Arisen out of Order Dated 20/01/2010 in Case No. 33/09 of District Kolhapur)
 
1. SHRI AMAR GANPATRAO DIGE
R/O 1834, A/2 A WARD TARABAI PARK KOLHAPUR
KOLHAPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. GOURI CONSTRUCTION PVT LTD
R/O 1863 B SAMBHAJINAGAR KOLHAPUR
KOLHAPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:Mr.Dushyant Pagare,Advocate, Proxy for RAHUL KULKARNI , Advocate for for the Appellant 1
 
Mr.Nilesh Wable, Advocate for the respondent.
......for the Respondent
ORDER

Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          Mr.Dushyant Pagare, Advocate Proxy for the applicant/appellant.  He files authority letter, taken on record.  Mr.Nilesh Wable, Advocate for the non-applicant/respondent.  Heard both the parties.

          For seeking condonation of delay, application has been filed.  In the application for condonation of delay the only ground mentioned is that he is under the belief that from the receipt of copy of the order, he can file appeal within 90 days.  Second ground mentioned is that due to financial problem, he could not file appeal within time and there has been delay of 275 days.  Both grounds are not appealing to our judicial conscience.  Delay is enormous.  Delay is not properly explained.  No just and sufficient cause has been mentioned.  As such there is no any sufficient ground to condone the delay of 275 days.  In the circumstances, we pass the following order :-

                             -: ORDER :-

1.       Application for condonation of delay stands rejected.

2.       Consequently, appeal does not survive for consideration.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

Pronounced

Dated 19th March 2012.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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