(PASSED ON 12.03.2013)
Below Misc. Application No.MA/12/76 for Condonation of Delay
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 129 days which was caused in preferring the appeal against the judgement & order dtd.31.01.2012 passed by District Consumer Forum, Wardha in Consumer Complaint No. CC/11/89.
2. We heard Smt M Naik, Ld. Counsel for the applicant / appellant, perused the application under order and copy of impugned judgement & order. However, as the non-applicant / respondent as well as his counsel are absent, we have had no opportunity to hear them.
3. It is submitted by Adv. Smt Naik that after receipt of copy of impugned judgement & order the applicant was required to obtain legal opinion by sending copy of impugned judgement & order and other case papers to the counsel and thereafter, the case papers required to send to Regional Office at Nagpur for getting approval for filing the appeal. Therefore, there was such delay of 129 days. It is submitted that the delay was caused on administrative ground only. It is further submitted that after getting copy of impugned judgement & order there was summer vacation and thereafter the applicant could not get the case papers from its counsel as he was out of station, etc. It is further submitted that there is legal point involved in this appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
3. True it is that the applicant was required to get approval of its Regional Office that too after obtaining legal opinion; but, in our view, there could be no such inordinate delay for completing such formalities. Though, there was summer vacation, there could be no difficulty for the applicant to file the appeal in summer vacation. But no reasons are given as to why the applicant has not filed the appeal in summer vacation when the limitation period was already expired before starting summer vacation. Not only this, but after summer vacation, applicant has not filed the appeal immediately.
4. Therefore, we find no just & reasonable ground to condone such inordinate delay. Hence, though there is legal point involved in this appeal, we are declined to condone the delay and pass the following order:-
ORDER
i. Misc. Applicant No.MA/12/76 for condonation of delay is dismissed.
ii. Consequently, appal bearing No. A/12/334 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
