HON'BLE MR. KAMAL DE PRESIDING MEMBER 

Order No. : 01

Date : 25.07.2019

Appellant is present through Ld. Lawyer.

Respondent 1 is present through Ld. Lawyer and files written objection against the delay application.

None appears on behalf of the OP 2.

The IA is taken up for admission hearing.

The instant IA Case relates to an application for condonation of delay.

In filing the petition, appellant submits that the impugned judgement was delivered by Ld. Forum below on 28.07.2018 but the same came to knowledge of the respondent on 04.08.2017 and the appellant obtained the internet copy of the impugned judgement on that very date.

Copy of the said impugned judgement was sent to the Calcutta Office on 09.08.2017 and it was received by them on 14.08.2017. Local Department in respect of the entire Eastern India is situated at Kolkata. The concerned file was sent to the Head Office at Bombay on 28.08.2017 and for all such procedures the appellant was delayed for 42 days in filing the present Appeal.

The appellant submits that they had no wilful latches for the delay and the delay may be condoned.

In filing written objection, it is stated that the appellant should have filed the Appeal within 30 days from the date of the impugned judgement i.e. within 27.08.2017 but the appellant filed the Appeal on 10.10.2017. There is no satisfactory ground for the delay in filing the Appeal. Moreover, the appellant failed to prove day to day delay by any cogent evidence like postal receipt, delivery track report etc. It is stated that the appellant has not provided sufficient explanation for each and every day delay to file the appeal and the petition is required to be rejected.

It appears that the impugned judgement was delivered on 28.07.2017 and the appellant obtained the internet copy of the judgement on 04.08.2017 and the Appeal was filed after 42 days excluding the statutory period. The ground of delay as narrated in the petition under disposal appears to be acceptable to our mind. Moreover, the period of delay is not, of course, huge one. Considering all aspects, we are inclined to allow the instant IA Case with cost of Rs. 3000/- to be deposited to Consumer Legal Aid Account, Asansol.

Delay is condoned subject to payment of cost of Rs. 3000/- to be deposited to Consumer Legal Aid Account, Asansol.

Fix 07.08.2019 for payment of cost by the appellant.