(Per – Shri P.N.Kashalkar, Hon’ble President Judicial Member)
(1) Heard Adv.Raut for the applicant/appellants and Adv.Sourabha Kulkarni for the non-applicant/respondent. These appeals have been filed by the original complainants whose complaints were dismissed by Addl. District Forum, Pune by a common order dated 23/12/2011 passed in Consumer Complaint No.153 to 158/08. In fact six complaints were decided by a common order and all six complaints were dismissed. Therefore, the complainants filed these six appeals.
(2) There is a delay of 64 days in filing the appeals. Therefore, applications for condonation of delay have been filed supported by affidavits. We are disposing all these six applications for condonation of delay by this common order. Appellants have stated in these applications for condonation of delay that they received copy of order on 26/12/2011 by their advocate who handed over it to Mr.Deshmukh on 30/12/2011. Mr.Deshmukh was the person who was looking after the appellants’ complaints in District Forum. It is mentioned in the para 2 & 3 of the application that Mr.Deshmukh forgot to bring this fact to the notice of the appellant and other members of the joint family. In the first week of the March 2012, one of the family members asked Mr.Deshmukh about the status of the revision filed by Mr.Vijaykant Motital Kothari i.e. Revision Application bearing No.1014/2011 pending before the Hon’ble National Commission, New Delhi and at that time it struck to said Mr.Deshmukh that he forgot to tell about the judgement passed in consumer complaints. Immediately, he produced certified copy of the judgement passed by the District Forum and thereafter advocate was informed to file appeal and ultimately these appeals have been filed on 21/03/2012. Therefore, there is a delay of 64 days in filing these appeals. The appellants have filed affidavits in their respective appeal and of Mr.Manoj Vasantrao Dehmukh in support of the application for condonation of delay. Mr.Deshmukh has reiterated the facts which are found in the applications for condonation of delay and affidavit of Mr.Babita Rupesh Kothari. We are finding that there is just and sufficient cause made out in the affidavit of the Mr.Deshmukh by stating that the copy of the impugned order was received by him in the last week of the December 2011 and he brought it to the notice of family member of Kothari only in the month of March 2012. Therefore, there is a delay of 64 days in filing these appeals. It is properly explained by the affidavit of Mr.Deshmukh. We, therefore, are inclined to condone the delay subject to payment of certain cost. We, therefore, pass the following order.
ORDER
(1) Misc.Application Nos. 190 to 195/12 are allowed.
(2) The delay in filing the appeals is condoned subject to cost of `1,000/- to be payable in each appeal by applicant/appellant to non-applicant/respondent.
Pronounced on 08th October, 2012.
