(Passed on 16.08.2012)
Below Misc. Application No.MA/11/23for Condonation of Delay in
Appeal No.A/11/83
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 64 days which was caused in preferring the appeal against the judgement & order dtd.25.10.2010 passed by District Consumer Forum, Chandrapur in Consumer Complaint No.CC/10/72.
2. We heard Adv. Mr Pimpalkhare for the applicant, perused the copy of impugned jugement & order and copy of application under order.
3. According to Adv. Mr Pimpalkhare for the applicant there was 64 days delay in filing the appeal. According to him the applicant came to know about the judgement & order when the coy of notice of execution application was received. But on perusal of copy of impugned order it reflects that its copy was sent on 11.11.2010 by office of the Forum. Therefore, the say of applicant that he has not received the copy of impugned judgement & order in the year 2010 or before the receipt of the notice of execution proceedings, cannot be accepted. Therefore, in our view there was more than 63 days delay in filing the appeal.
4. Further Adv. Mr Pimpalkhare for the applicant submitted that there was such delay in filing the appeal as the Legal Manager or authorised signatory of the applicant – Bajaj Finance Ltd was not available. But he has not disclosed the name of authorised signatory and also where the authorised signatory, if any, had gone. Therefore, such bare contention cannot be accepted. If any authorised signatory of applicant had gone somewhere, applicant should have made alternative arrangement for filing the appeal in time by appointing its any other employee.
5. Therefore, though the application under order remained unchallenged, we find no just & reasonable ground to condone such inordinate delay. Therefore, we are declined to condone such inordinate delay. Hence, the following order:-
ORDER
i. An application for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No.A/11/83 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
