(Delivered on 08/11//2024)

PER MS. S.D. WANDHARE , HON’BLE MEMBER.

1.         Applicant  has filed  an application for condonation of delay  of 91 days in preferring the appeal under  Section  15 of the  Consumer Protection  Act, 1986  before this Commission.  After filing of an application  for condonation of delay notices were issued to the non applicants/respondents No. 1 to 3.  The non applicants/respondents No. 1 to 3  appeared and filed  reply to the application for condonation of delay.

2.         We have heard,  Mr. Ashish Paunikar, learned advocate for the applicant and Mr. Kulkarni, learned advocate for the non applicant Nos. 1 to 3.  Mr. Ashish Paunikar, learned advocate for the applicant  submitted that  the learned District Consumer Disputes Redressal Commission, Wardha passed an  impugned order dated 25/02/2022 in Consumer Complaint  No. CC/77/2018. The learned advocate  for the applicant  has contended that  the impugned order was passed on 25/02/2022 and  certified copy of judgment  was received on 08/03/2022 and appeal was filed  on 18/07/2022. The learned advocate  for the applicant submitted that  after receiving  the certified  copy  of judgment, the applicant   forwarded  the same to the Divisional Office  and Divisional Office  forwarded  the same to the Regional Office  along with  comments and  recommendation for taking the decision  for filing  the appeal  as the Regional Office of the appellant  is competent  authority.  Then,  the papers  were handed over to the counsel   for the  appellant for drafting the appeal but  after the reference of the counsel, the appellant  forwarded  the file  to Divisional Office  for necessary  financial compliances. Therefore, the  delay of 91 days in preferring the appeal has been occurred.  Learned advocate for the applicant /appellant  also submitted that  the delay is  occurred due to  administrative  and financial compliances. The delay is  bonafide, unintentional  and for  procedural requirement. The learned advocate for the applicant /appellant   further also submitted that  the appellant case  is  prima facie and extremely strong case  on merits  and would suffer  irreparable loss, if  the  delay  in filing the appeal  is not condoned and  requested  that the  application  for  condonation of delay  deserves to be condoned.  

3.         Non applicant  strongly opposed the application for condonation of delay and also contended that  the applicant/appellant  was well aware of the date of passing the order on 25/02/2022 and  certified copy  was received on 08/03/2022. The non applicant  also submitted that  the  applicant  is Insurance Company with a proper  legal  department  but the  appellant did not take  taken  appropriate steps  for filing  the  appeal within a stipulated  time. The non applicant  further  submitted that  the applicant has not  explained every  day of delay  and failed to  provide  a satisfactory  explanation  for the delay  and prayed that  application  for condonation of delay  of 91 days  deserves to be rejected.

 4.        We have carefully gone through  the application for condonation of delay and also perused  the  record. We find that  the impugned order passed  on 25/02/2022 and  certified copy of  impugned  judgment  was received on 08/03/2022  and forwarded it to the  higher  authority  for their  legal opinion  and therefore   the delay  has occurred for the purpose  of completing  necessary  formalities  i.e. administrative exigency and financial compliance. After compliance of formalities, applicant  filed the appeal  on 18/07/2022. Therefore,  actually   delay in preferring the appeal  is 100 days  Further, we feel that  the  delay  which has  taken placed  of 100 days  cannot be termed  as malafide or has intentional. As such  we feel  that  on this ground  the opportunity  of adjudication of the appeal cannot be denied to the  applicant.  Therefore,  we are inclined to  allow the  application for condonation of delay of 100 days in the interest of justice. So far as aspect of 100 days delay is concerned , we feel that  suitable cost needs to  be saddled  on applicant  and so we pass the following  order.  

ORDER

i.          Application for condonation of delay is hereby allowed subject to cost of Rs. 2,000/- to be paid to the non applicant No. 1 to 3 within a period of four weeks.

ii.          Adjourned for  compliance to 05/12/2024.