Per Hon’ble Mr.P.N.Kashalkar, Presiding Judicial Member
Heard Ms.Sumedha Sawant-Advocate for the applicant/appellant and Respondent in person.
There is delay of 158 days in filing the appeal by Union Bank of India against the judgement and award dated 26/11/2010 passed by District Consumer Disputes Redressal Forum, Kolhapur in consumer complaint no.93/2010. By the said judgement forum directed appellant bank to redeposit amount of `25,596/- in the loan account of the complainant and pay `3000/- towards mental harassment and `2000/- towards the costs. As such Union Bank of India has filed this appeal.
In filing this appeal there is delay of 158 days. According to applicant/appellant they have received copy of the judgement on 14/12/2010 and, thereafter, they approached regional office and higher authorities consulted panel advocates and decided to file the appeal and in the process there is delay of 158 days. Appeal ultimately came to be filed on 21/06/2011. Delay is too huge to be condoned lightly. There is no just and sufficient cause made out in the condonation of delay application. Affidavit simply says that whatever stated in the delay condonation application is true and correct. In the affidavit they have not mentioned that there is delay and how they were justified in showing sufficient cause for the delay of 158 days. In any view of the matter, we are finding that for seeking opinion of higher authorities of divisional office and regional office which is situated in Kolhapur, so much time was not required.
It was argued that advocate who was engaged had gone on pilgrimage. Bank is having number of advocates on their panel and, therefore, if one advocate has gone for pilgrimage, then they should have engaged another advocate and filed the appeal within limitation. In the circumstances, we are finding that cause mentioned in the delay condonation application is not sufficient and, therefore, we are not inclined to condone the delay of 158 days in filing this appeal. Hence the following order:-
ORDER
Misc.application no.MA/11/586 for condonation of delay is rejected.
Consequently, appeal does not survive for consideration.
Copies of the order be furnished to the parties.
Pronounced on 20th April, 2012.
