Maharashtra

StateCommission

MA/11/140

M/S YASHWANT CONSTRUCTION - Complainant(s)

Versus

MR BALASAHEB VITTHALRAO GHADGE - Opp.Party(s)

S KANKUREKAR

28 Mar 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/11/140
 
1. M/S YASHWANT CONSTRUCTION
OFFICE AT S NO 33 YASHWANT VIHAR KATRAJ KONDHAVA ROAD KATRAJ TAL HAVELI
PUNE
MAHARASHTRA
...........Appellant(s)
Versus
1. MR BALASAHEB VITTHALRAO GHADGE
R/AT FLAT NO 8 THIRD FLOOR YASHWANT VIHAR KATRAJ -KONDHAVA ROAD KATRAJ PUNE
PUNE
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mrs. J.D.Yengal MEMBER
 
PRESENT:S KANKUREKAR , Advocate for the Appellant 1
 
ORDER

Per Mr S R Khanzode, Hon’ble Presiding Judicial Member

 

            There is an application for delay condonation.

 

1.         Heard Adv. Mr S Kankurikar for applicant / appellant.  The applicant / appellant who is the builder.  He wants to prefer an appeal against the order dtd.11.02.2010 passed in Consumer Complaint No. 173/09, Mr. Balasaheb Vitthalrao Ghadge Vs. Yashwant Constructions, Pune, by District Consumer Disputes Redressal Forum, Pune (in short “Forum”). Said order alleged to have been received by the appellant on or about 10th March 2010. There is a delay of 331 days and therefore this application for delay condonation.

 

2.         Reasons to condonation of delay in para 6 of application are noted as under:-

That, appellant has received the copy of the judgement and order by post in the month of March 2010.  At that time building material like Sand issue was problematic.  Also the  due to the health problems and heavy financial crises and in busy schedule of the finalizing the construction work, it was not become practically possible for Appellant to prefer the appeal in time. All these problems are also still in existence and appellant are facing the same.”

 

3.         Mere reading of the said para shows that the statements made are quite vague and does not inspire confidence. The fact that the builder was in financial crisis and due to busy schedule of construction work it was not possible for appellant to file appeal in time, cannot be accepted as satisfactory explanation and sufficient ground to condone the delay. Holding accordingly, we pass the following order.

 

ORDER

 

1.         Application for delay condonation stands rejected.

2.         Consequently, the appeal is not entertained.

3.         No order as to costs.

4.         Copies of the order be supplied to the parties.

 

            Pronounced on 28.03.2011

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mrs. J.D.Yengal]
MEMBER

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