Today has been fixed for necessary order. This is an application u/s 5 of the limitation Act, 1963 read with section 69 of the C.P.Act, 2019 praying for condonaiton of delay of 83 days in filing the complaint case no. being   C.C.   59 /2022.

     It is stated in the petition that the complainant had availed the service of opp.party in April, 2020 to travel  from India to Germany through Dubai and also return journey of the same.  The complainant paid an amount of Rs.1,07876/- by using the International Credit Card of his son namely Mriganka Kaushik and the entire money was deducted from the credit card of Mriganka Kaushik . Complainant’s date of journey was 24.4.2022, but the said journey was cancelled due to covid pandemic . After cancellation of the flight, the complainant communicated the opp.party over telephone for refund of the money  and the op.party replied that the entire amount would be credited to the credit card of the opp.party  as soon as possible .

      Some amount was refunded by the opp.party to the credit card of the complainant’s son  and accordingly, the amount was received . There is no contradiction on that issue , but the contrtadiction is that, the opp.party informed the complainant that on 19.11.2020, an amount of Rs. 38, 834/- only was credited, but when it was communicated with the concerned bank in Germany, the bank authority informed that  on 19.11.2020 no money was credited to his credit card . The credit card of the complainant’s son was blocked by the bank on 26.8.2020 and issued a temporary a new credit card on 27.8.2020 . as per the statement of the opp.party, the missing amount was deposited  by them on 19.11.2020, but no money was credited to the credit card to the complainant’s son.

     The cause of action arose on 24.4.2020, but the opp.party during the period from 24.4.2020 to 24.4.2022  gave assurance to refund the amount as soon as possible .

      That due to the family problem the complainant filed the instant complaint case after a delay of 83 days and prays for to condone the delay of 83 days .

     In the present case, the opp.party after receipt of notice   appeared and took time for filing objeciton as per order on record dtd. 20.10.22 , but thereafter the opp.party have filed written objection  against the condonaiton of delay petition wherein they have stated that the cause of action arose on 24.4.2020 and the applicant himself has admitted that the limitation for the alleged cause of action had expired on 24.4.2022 . Further , the present complaint has been filed by the applicant on 16.7.2022 i.e. after a delay of 83 days from the expiry of the prescribed limitation period of 2 years as provided under section 69(1) of the Consumer Protection Act, 2019. It is further stated in the objection petition by the opp.aprty that the complainant has measerably failed  to explain with respect to the delay in filing the complaint for the period between 24.4.2022 and 15.7.2022. The concerned refund had been processed to the complainant in the month of November, 2020 itself and the applicant had duly possessed the knowledge that the concerned refund has already been refunded latest by 15.11.2021 and as such , if he had any grievance for the same he could have approached the prous doors of this commission after 15.11.2021 and before 24.4.2022 which is a huge period of 159 days .

     Under the circumstances , it is prayed by the opp. party to dismiss the application filed by the complainant for condoning the delay. 

      It is seen from the record that the opp.party did not appear on several dates for objection hearing  inspite of providing last chances. 

       We are of the view that as we have not found any good ground for rejecting the condonaiton petition filed by the complainant  Further ,  the cause of delay for 83 days  has been explained to some extent including Covid-19  Pendamic period. As such , the petititon for condonaiton for delay is allowed. 

      C.C.Case no. 59/2022  be put up for hearing in the next date.

         Misc.case is disposed of .