Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1256 of 2024

Raghunath Prasad                                            ….Appellant.

Versus

H.D.B. Finance Services Ltd.                        ….Respondent.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Sri Sandeep Kumar Srivastava, Advocate for the appellant.

None for the respondent.

Date 29.8.2024

ORDER

(Delivered by Mr. Justice Ashok Kumar, President)

Heard ld. counsel for the appellant on the delay condonation application.

          The instant appeal has been filed against the judgment and order passed by the Ld. District Consumer Forum, Unnao in Complaint Case No.32 of 2020 dated 28.4.2023.

          The affidavit filed in support of the delay condonation application refers as follows:

          “1. That the deponent is the appellant and is fully conversant with the facts and circumstances of the case deposed here in under.

          2. That the appellant filed a case in section 12 of Consumer Protection Act before the D.C.D.R.C. for compensation of mental and physical loss.

          3. That after towed the vehicle of the appellant, the financial condition of the appellant is very bad and did not bear the bread and butter for his family.

          4. That the order was passed by the district forum on 28.04.2023 ex-parte while the respondent has not been appeared but due to bad  financial condition he could not engaged counsel for filing an appeal.

          5. That thus delays in filing the present appeal has occurred due to the said unavoidable circumstances and bad financial condition and therefore, deserves to be condoned.

          6. That the appellant has not delays in filing of the appeal intentionally while he has no knowledge about the limitation, apart from the financial condition of the appellant is also poor so that reason he could not engaged his counsel in Lucknow for filing an appeal.

          7. That if the condonation of delay application has not been allowed then the appellant has irreparable loss and injuries.”

          Heard Sri Sandeep Kumar Srivastava, ld. counsel for the appellant and perused the delay condonation application. I find no substance in the reasons incorporated in the delay condonation application.

          Accordingly, the instant appeal is dismissed on the  ground of delay as the same has been filed beyond the period of limitation about one year and three months.   

          Certified copy of this order be made available to the parties as per rules.

          The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                                       (Justice Ashok Kumar)                                            

                                                 President                                    

JafRi, PA I

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