This appeal has been filed with a delay of 129 days which is over and above the statutory period of 30 days given for filing the appeal. Under the Consumer Protection Act, 1986 a special period of limitation has been provided to ensure expeditious disposal of cases. Complaint has to be disposed of within 90 days from the date of filing where no expert evidence is required to be taken and within 150 days where expert evidence is required to be taken. The inordinate delay of 129 days cannot be condoned without showing sufficient cause. Impugned order of the State Commission is dated 18.04.2012. Copy of the same was sent to the counsel for the appellant which was received by him on 27.04.2012. The only reason given in the application for condonation of delay is that the mother of the counsel for the appellant was suffering from cancer and she died on 22.07.2012. The appeal was filed on 09.10.2012. The delay between July to October 2012 has been explained by saying that the counsel to whom the papers were handed over for filing the appeal did not draft the appeal and file it in time. I am not satisfied with the cause shown. Day to day delay has not been explained. Supreme Court, in a recent judgment, “Anshul Aggarwal -3- vs. New Okhla Industrial Development Authority – IV (2011) CPJ 63 (SC)” has held that while deciding the application filed for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if the appeals and revisions which are highly belated are entertained. Relevant observations are as under: “It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras.” The inordinate delay of 129 days in filing the appeal which is over and above the statutory period of 30 days given for filing the appeal, under the circumstances, cannot be condoned. Application for -4- condonation of delay is dismissed as a consequence thereof appeal is dismissed as barred by limitation. |