Below Misc. Application No. MA/11/105 for Delay Condonation Application
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 59 days, which was caused in preferring the appeal against the judgment and orderdated 29/01/2011 passed by District Consumer Forum, Washim in consumer complaint No. CC/10/85.
2. We heard D.N. Kukday, Ld. Counsel for the applicant/appellant and perused the application under order and the copy of impugned judgment & order. As nobody for the respondent is present, we have had no opportunity to hear him.
3. It is submitted by Mr. D.N. Kukday, Ld. Counsel for the applicant/appellant that there was such delay of 59 days on administrative ground only. It is submitted that after obtaining the copy of impugned judgment and order the applicant/appellant forwarded the case papers to its Aurangabad Office for approval. Thereafter, its Aurangabad Office forwarded the case papers to its counsel at Nagpur for filing the appeal and also forwarded a cheque of Rs. 25,000/- for depositing it with the office of this Commission as statutory amount, etc. Thereafter, the counsel, appearing for the applicant/appellant, prepared the appeal memo and filed the appeal, etc. Thus, according to the Ld. Counsel for the applicant/appellant there was delay on administrative ground only. It is further submitted that there is legal point involved in the appeal and therefore it is just and necessary to condone the delay. Accordingly, it is submitted to condone the delay.
4. True it is that the applicant/appellant is being a corporate body was required to obtain approval of its Regional Office which is situated at Aurangabad but no explanation is given as to why there was such inordinate delay for getting the approval though the case papers were required to send to its Aurangabad Office. In our view, no such time is required for sending the case papers to Aurangabad and getting it back at Nagpur. If the officials of the applicant were interested in filing the appeal in time, in our view, they could have filed the appeal within the stipulated period of limitation. When there are so many conveyance & communication facilities available, there could be no reason for such delay in sending the case papers from one office to another office. But except bare contention of the applicant/appellant that the delay was due to on administrative ground, no plausible explanation is given for causing such inordinate delay of 59 days. Hence, we find no just and reasonable ground to condone such inordinate delay. If such inordinate delay is condoned the very object of the legislature would be defeated. Therefore, we are declined to condone the delay and pass the following order.
ORDER
i. Misc. Application for condonation of delay stands dismissed.
ii. Consequently, the appeal bearing No.A/11/223 is dismissed.
iii. No order as to cost.
Dated:- 20/02/2013.
