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Per Shri Dhanraj Khamatkar – Hon’ble Member:
(1) The Applicant/Appellant has filed Misc.Application No.59/2011 for condonation of delay in Appeal No.96/2011.
(2) In delay condonation application the Appellant has stated that the Consumer Disputes Redressal Forum, Additional Mumbai Suburban District, has passed its order on 15.09.2010 and the Appellant received the copy of the order on 21.10.2010 and prayed that there is delay of 22 days in filing the appeal. The Appellant further contended that being a public sector undertaking sanction for appeal is required at various levels and thus consumed substantial time for putting up notes and approvals. The problem is further aggravated by separation of those offices logistically adding to the unavoidable delay despite best efforts to diligently attending to the matter at every level and therefore, the delay is unavoidable, unintended and beyond the control of the Appellant and requested to condone the delay.
(3) The Respondent vehemently objected to the condonation of delay application. He had obtained information regarding the delay in filing the appeal under the Right to Information Act from the Appellant. According to information received under R.T.I., the order of the Forum was received on 18.10.2010. However, the Appellant has stated that they have received the order on 21.10.2010. As regards the sanction of the higher authorities their regional office had granted permission for filing appeal on 09.12.2010 only i.e. within three days when they had received the papers. In fact there is inordinate delay in receiving the papers to the sanctioning authority.
(4) From the aforesaid facts it is clear that the Appellant has not come with clean hands regarding delay condonation application and hence, we cannot say that the delay is unintended. In the period of automation the delay is not justifiable and on the ground that the Appellant is public undertaking the delay cannot be condoned. Hence, we reject the application for condonation of delay. Resultantly appeal filed by the Appellant stands disposed of. Hence, we pass the following order:
O R D E R
(i) Misc.Application No.59/2011 filed for condonation of delay is rejected.
(ii) In the result Appeal No.96/2011 stands disposed of.
(iii) No order as to costs.
Pronounced on 1st July, 2011.
