(Delivered on 26/07/2018)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.      None for the appellant is present even at the second call.  The respondent  is already proceeded exparte as per order dated 11/01/2018. Perusal of the record & proceedings of the appeal shows that  none had appeared for the appellant  on last date i.e on 27/06/2018 for hearing on delay condonation  application. Hence,  as a last chance  appeal came to be adjourned  till this date for hearing  on  delay condonation application. Therefore, we proceeded  to decide  the said application on merits.

2.      The delay  is of 182 days as shown in the application that  occurred in filing of the appeal. The explanation  given in the said  delay by the appellant  in the said application in brief  is as under:

          The advocate of the appellant engaged before the Forum below  got  job  in the month of November-2016 and went to the Delhi and he informed  the same to the appellant.  However, the appellant due to lack of knowledge did not know how to proceed further. When he went to Additional District Consumer Forum, Nagpur to find out the next date in the complaint, he did not find out the next date. Hence,  he could not appear before the Forum. Therefore,  the said Forum passed an impugned order on 28/02/2017 and thereby dismissed  in default the complaint for  non appearance of the  parties.  However, after receiving  copy of the order sent by post by the Additional District Consumer Forum, Nagpur, the appellant  made  several visits  to the said Forum to  know the status  of his complaint  but  due to lack of knowledge and his old age he failed to  know the status  of his complaint and  therefore, the delay of 182 days  has been  occurred.

3.      We find that  the delay of 182 days that  occurred in filing of the appeal  is not satisfactorily explained  by the appellant. The complaint  filed by the appellant  was dismissed in default  on 28/02/2017 and this appeal was filed on 27/09/2017. The appeal ought to have been filed on or before 31/03/2018.  Thus, there is  delay  of 182 days  in filing of the appeal.  The certified  copy of the impugned order filed on record  shows that  it is certified  by the Registrar on 03/05/2017. The appellant  has not satisfactorily explained  the delay at least from   03/05/2017 till filing of the appeal on 27/09/2017. The explanation  given  for the delay of 182 days  is also very vague  as  application  does not show  why the appellant  wanted  to know status of his complaint  after  receiving  the copy of the impugned order. The  application  does not  show as to how  period  from 03/05/2017 was consumed  till 27/09/2017.  Thus, we find that  as the delay is very long i.e.  of 182 days  and  as it is not satisfactorily explained  and as  it is not supported by  any document, the application  made for condonation  of delay  needs to be  rejected.

ORDER

i.        The application made for condonation of delay is  rejected.

ii.       The appeal is dismissed as time barred,

iii.      No order as to cost in appeal.

iv.      Copy of order be furnished  to both the parties, free of cost.