Hon’ble Mr. Ajeya Matilal, Presiding Member
The Ld. Advocates for both sides are present.
Today the petition for condonation for delay in preferring the appeal is taken up for hearing.
It appears that the appeal has been preferred against Judgement dt. 18.12.2018 allowing Complaint Case No. CC/241/2018 ex-parte by DCDRF, Kolkata Unit-I
The Ld. Advocate for the Appellant submitted that he was not aware of the proceeding before the Ld. Forum below. Furthermore, he was in jail. He submitted that due to period of Covid he is entitled to get relaxation in filing in view of the judgement passed by the Hon’ble Apex Court.
On the contrary, the Ld. Advocate for the Respondent submitted that the notice of the Complaint Case was served upon the OP/Appellant by the Forum below and notice regarding execution proceedings pending before the Forum below was also served upon the OP/Appellant.
It is apparent from the prayer portion of the petition for condonation of delay that there is a delay of 579 days. But it appears from the table of the petition that there is a delay of 1294 days.
The Appellant claimed relaxation regarding the period of Appeal because of Covid period.
Considering the facts and circumstances of the case, submission of the Ld. Advocates and materials on record, I am of the view that there is no ground for condoning the petition of delay.
Accordingly, the petition for condoning the delay is rejected and the appeal is dismissed.
The impugned Order dt. 18.12.2018, passed by the DCDRF, Kolkata Unit-I, allowing the case ex-parte, is upheld.
Let a copy of this Order be sent to the Forum below.
The Joint Registrar of this Commission is directed to do the needful accordingly.