(Passed on 05.11.2012)
Order below Application for Condonation of Delay bearing No.MA/10/132 in Appeal No.A/10/157
Per Mr S. M. Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 180 days which was caused in preferring the appeal against the judgement & order dtd.31.07.2009 passed by District Consumer Forum, Nagpur in Consumer Complaint No.CC/09/61.
2. We heard Ld. Counsel for both the sides, perused the application under order and copy of impugned judgement & order.
3. It is submitted by Adv. Mr Gabhane for the applicant / appellant that there was such delay in filing the appeal as the applicant was not aware about the passing the impugned judgement & order. Further it is submitted that the applicant was suffering from Jaundice, etc. It is further submitted that there is legal point involved in this appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
4. Per contra, Mr Sahare, Ld. Counsel for the non-applicant / respondent submitted that there is no just and reasonable ground to condone such inordinate delay. It is submitted to dismiss the application.
5. On perusal of the copy of impugned judgement & order it reflects that the applicant contested the consumer complaint and therefore, his contention that applicant was not aware about passing of impugned judgement & order cannot be accepted. Thus, itself falsify the contention of the appellant the it came to know about the passing of judgement & order from the reliable source, etc.
6. Moreover, though it is the contention of the applicant that he was suffering from Jaundice no medical certificate or case papers to that effect are produced. Therefore, in the absence of any record it is difficult to accept such bare contention of Adv. Mr Gabhane for the applicant.
7. Thus we find no just & reasonable ground to condone such inordinate delay of 180 days. If such inordinate delay in the absence of just & reasonable ground, is condoned the very object of legislature would be defeated.
10. Hence, we are declined to condone the delay and pass the
11. following order:-
ORDER
i. Application for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No.A/10/157 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
