HON'BLE MR. KAMAL DE PRESIDING MEMBER 

Order No. : 03

Date : 31.07.2019

Parties are present through their Ld. Lawyers.

Today is fixed for hearing of the IA case being No. IA/44/2019.

Ld. Lawyer for the respondent files a petition praying for time and subsequently, he not presses the petition.

The petition for time is rejected being “not pressed”.

Heard Ld. Lawyers of both sides. Considered.

The instant IA Case is filed for condonation of delay.

In filing the Memo of Appeal, it is stated that CC/48/2018 before the Ld. District Forum, Purulia was dismissed on 21.02.2019. The appellant came to know about the impugned order on 14.03.2019. The appellant requested the Ld. Lawyer to apply for getting the certified copy of the order. The certified copy of the order was made ready for delivery on 18.03.2019 and delivered on 19.03.2019.

It is stated that the complainant became ill since 17.03.2019 and accordingly could not contact the Ld. Lawyer.

The appellant, however, on recovery contacted the Ld. Lawyer on 26.04.2019 and the present Appeal is filed on 29.05.2019.

The complainant was under treatment from 17.03.2019 to 26.04.2019 and the Ld. Lawyers abstained from work according to Bar resolution from 25.04.2019 to 28.05.2019, and for that the complainant could not file the Appeal in time.

The appellant states that the appellant will be highly prejudiced if the prayer for condonation of delay is not entertained by the Hon’ble Commission.

Perused the case record, it appears that there has been a delay of 62 days excluding the period of limitation and delivery of certified copy of the impugned order.

It also appears that the Ld. Lawyers abstained from work for a considerable period.

Considering all aspects, we feel inclined to allow the petition for condonation of delay subject to payment of cost of Rs. 2000/- payable to Consumer Legal Aid Account, Asansol.

Fix 22.08.2019 for payment of cost.