Order on delay condonation application filed by the complainant dated 24/12/2020.

1. The complainant has filed this application for condoning the delay of 8 Months 20 days for filing the complaint and prayed for condonation of the above mentioned period.

2. In this complaint the claim of the complainant is repudiated on dated 16/07/2010.

3. As per the direction of District Commission, Solapur dated 04/1/2020 that the complaint filed by the complainant  was out of territorial jurisdiction, therefore, the District Commission, Solapur as per order dated 04/1/2020 directed to the complainant to file this Complaint before District Commission, Pune/Mumbai and before filing this complaint the complainant has to give notice to the OP and the complainant was directed to appear before District Commission, Pune/Mumbai on dated 03/03/2020 in person or through his representative. As per that the complainant had to file this consumer complaint before this Commission till 03/3/2020. But he has filed this complaint on dated 23/11/2020.

3. The reason for delay the complainant has mentioned in this application that he was unable to remain present before this Commission as he was out of State for some official work and from 19/3/2020 the State Government declared lock down due to Covid-19.  It is submitted by him that due to the aforementioned reason,  he was not able to file a complaint within prescribed period of limitation. Hence  there was sufficient caused for not filing the complaint within limitation and hence the delay be condoned. 

4.  The application is opposed by opposite party by filing say. According to the opposite party there existed no sufficient cause for not filing the complaint by complainant within limitation and hence application deserves to be rejected. The complainant has not explained day to day delay for filing the present complaint.

5.   Heard Ld. Advocate for the opposite party.  In the light of the pleadings and arguments advanced on behalf of the parties, following points arise for consideration. We recorded our findings  thereon for the reasons stated  below.

1) Is it proved by complainant that there exists sufficient caused to condone the delay?                                                      ......In negative.

2) Whether the delay is liable to be condone?......In negative..

3)What order?                                                .....Application stands rejected. 

AS PER POINT NOs-1 to 3:

6. As per order dated 04/1/2020 of the District Commission, Solapur specific direction given to the complainant to file this Complaint and send intimation notice to the opposite party and appear before this Commission on dated 03/3/2020. As per that the complainant had to send notice to the opposite party and file this consumer complaint before 03/03/2020 and appear before this Commission on 03/3/2020 but the complainant failed to do that.

 7.    The reason for delay of filing complaint submitted by the complainant is that the complainant was out of State but no any evidence regarding the same has been filed by the complainant. As per our view there was sufficient time from 4/1/2020 to 03/3/2020. Also the State Government had declared lock down on 19/3/2020 but no explanation is given by the complainant for the period of 03/03/2020 to 19/3/2020.

8.     Considering the reason for delay, as per our view at that time the complainant could have filed the consumer complaint in the Commission on behalf of that advocate but he failed to do so.  Also he has absolutely not offered any explanation as to what prevented him during limitation from filing a complaint. As per the directions of Hon’ble Supreme Court, complainant has not given day to day reasons for the delay.

9.    From the abovesaid observation, we are on the opinion that the reason given by the complainant cannot be considered as a sufficient cause for not filing a complaint within prescribed period of limitation as per District Commission, Solapur. And as considering delay for filing this complaint is hopelessly barred by limitation. Therefore, upon considering the material on record and hearing both sides and from observation, and view of Commission, we reached to the conclusion that the applicant failed to show sufficient cause for condoning the delay. There was no sufficient cause for not filing complaint by complainant within prescribed period of limitation and hence delay cannot be condoned. In these circumstances, the application deserves to be rejected. With this we record our finding on point Nos.1 and 2  in negative and pass the following order.

FINAL ORDER

1. Misc.Application no.MA/18/2020 for Condonation of delay stands rejected. Hence consumer complaint no.CC/93/2020 hereby disposed off.

2. Parties to bear their own cost.

3. The copy of order be sent to both parties free of cost.