Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

Heard both Advocates on delay condonation application.  In filing this appeal there is delay of 1102 days and for seeking condonation of delay Misc.Application no.274/2011 has been filed.  In condonation of delay application it has been mentioned that they had not received copy of the order.  They received the copy of the impugned order belatedly, i.e. on 02/05/2011 and therefore, they filed the appeal on 09/05/2011.  In paragraph nos.(a) and (g) they have expressly tried to be given sufficient reasons for seeking condonation of delay.  We are finding that such delay of 1102 cannot be so condoned because there is nothing on record to show that delay of 1102 is justified or sufficiently explained in terms of Proviso of section 15 of the Consumer Protection Act, 1986.  They have also supported the same with affidavit but affidavit has not thrown any light for delay in filing the appeal.  Taking into consideration all these facts, this is not a fit case for condoning the delay of 1102 days.  Therefore, we are not inclined to condone the delay, hence, the order:

O  R  D  E  R

    (i)               Misc.Application No.274/2011 filed for condonation of delay stands rejected.

  (ii)               Consequently appeal does not survive for consideration.

(iii)               Amount deposited by the Applicant/Appellant be given to the Respondent/original Complainant being the part satisfaction of the award. 

(iv)               Inform the parties accordingly.

Pronounced on 6^th November, 2012.