The consumer complaint No.50/2009 was dismissed by District Consumer Forum, Central Mumbai by its judgement and award dated 31/08/2009, org. complainant himself has filed this appeal.

Grievance of the complainant/appellant herein was that his SMS sent to the other party was not delivered in time on the day it was supposed to be delivered to the other party, but delivered after 10 days.  For that purpose he had made correspondence with so many authorities and ultimately, filed consumer complaint.  Said complaint was dismissed on the ground, according to the Forum below, he had not adduced any expert evidence to prove that there is deficiency in service on the part of O.P./service provider.  As such complainant has filed this appeal.  What is pertinent to note is the fact that here is complainant/appellant who is fighting consumer complaint with a grievance that his SMS which was sent to the other party on 20/05/2008 was sent by Mobile Service Provider to the other party after 8-10 days.  But, he has filed this appeal after lapse of 9 months.  For that purpose he has filed application for condonation of delay.  He has not given any sufficient reasons.  He has not mentioned number of days delay.  He orally mentioned that there is delay of 9 months.  In the affidavit also number of deays delay in filing this appeal belatedly is not at all mentioned.  Such type of application cannot be entertained by this Commission to condone the delay.  We are satisfied that there is no just and sufficient ground explaining this enormous delay of 9 months.  In the circumstances, we pass the following order :-

              -: ORDER :-

1.   Application for condonation of delay stands rejected.

2.   Consequently, appeal does not survive for consideration.

3.   Copies of the order be furnished to the parties.