Per Justice Shri S.B.Mhase, Hon’ble President: Heard both the sides. This is an application for condonation of delay of 90 days in filing the appeal. This appeal has been filed against the decision of District Consumer Disputes Redressal Forum, Thane in consumer complaint no.311/2008 decided on 16/05/2009. This decision has been communicated by the District Consumer Disputes Redressal Forum by dispatch no.1870 dated 30/07/2009. It is admitted that said decision was received by Mr Laxamn Wagh- General Manager of the appellant on 30/08/2009. Thus immediately after the decision, the appellant came to know that complaint has been decided. Therefore, appellant ought to have filed the appeal on or before 29/09/2009. However, appeal has been filed on 23/12/2009 and thus, there is delay of 85 days in filing the appeal. The appellant is a private limited company. The ground for condonation as reflected from the application in para 4 are as follows: " The applicant collected the said copy and thereafter, sought advice on the same from the Management. Due to the various official meetings on this aspect the m atter was not pursued immediately. The applicant on or about in the second week of September 2009 was suffering from Typhoid fever and was advised bed-rest for a long period of time. The applicant being the only person incharge of handling the legal affiars of the company, the matter could not be pursued furhter. The applicant states that due to his frequent medical problems there is delay of 90 days only. Hereto annexed and marked as Exh.A medical certificate". Thus, the ground made out is that time was required for taking decision and advice of the management and secondly, General Manager- Mr Laxamn Wagh, who has filed this application was suffering from Typhoid. This application is opposed by the opponent. The opponent submits that medical certificate is a false one. It is submitted that for the period for which prayer for condonation of delay is made, Mr Laxamn Wagh was not on leave and he was working in the company and to demonstrate that he was working, opponent has produced on record a letter dated 15/10/2009 wherein it is informed that the matter peing proccessed for filing an appeal. It is further submitted that ground made out that management's advice is taken is equally false and for that purpose they insisted orally that applicant be directed to produce proceedings book of the management. This matter was on board yesterday. Since opponent was insisting for proceedings book, we orally directed Counsel for the applicant to produce the proceedings book of management wherein subject has been discussed. However, said proceedings book is not produced before State Commission and pretext is taken that Mr Laxamn Wagh is out of station and therefore, proceedings book cannot be produced. However, that cannot be a ground for not producing the proceedings book. If General Manager is out of station, somebody must be holding the charge of the company and person holding the charge should have produced the proceedings book before this Commission. That shows this is a pretext for purpose of getting the matter delayed. Actually, there is no proceedings book as such. As stated in the application for condonation of delay, so far as the as the illness is concerned, the certificate which has been produced is of Dr.Mrs. Deshpande. It has been certified that Mr Laxamn Wagh was suffering from Typhoid from 10/09/2009 to 15/11/2009 and thus, she certified that for 66 days the person was suffering from illness. This certificate is falsified by letter dated 15/10/2009 which has been produced on record by the opponent. Said letter has been signed by Mr Laxamn Wagh on 15/10/2009. That shows that Mr Laxamn Wagh was very much working and was on duty. In fact, if he was advised bed rest and he was on leave as per doctors’ certificate, he should not have given this letter to the opponent. On the contrary, it would have been given by some other in charge of office. What is interesting to note is that, that a private limited company cannot close its business for absence of General Manager. Therefore, what we find that case made out of illness is absolutely false case. No evidence in respect of Mr.Wagh being on leave is produced on record even though an opportunity was given to the applicant to establish falsify the same. It is also seen that the application for condonation of delay is drafted in a casual manner just to have benefits of delaay condonation by gaining the sympathy of State Commission. It is also an attempt to take an advantage of ignorance of other side because they cannot have access to the record of the company and this way attempt has been made to get the delay condoned in filing the appeal. Therefore, in the facts and circumstances of the case,what we find that grounds stated in application for condonation of delay are absolutely false and misconceived and we are not inclined to condone the delay. Hence, we pass the following order:- :-ORDER-:
1. M.A.No.47/2010 for condonation of delay is hereby rejected. 2. Consequently, appeal stands dismissed. 3. Dictated on dais. 4. Copies of the order herein be furnished to the parties. | 
