JUDGEMENT
(Passed on 10.12.2012)
Below Misc. Application No.MA/10/465 for Condonation of Delay in
Appeal No.A/10/629
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for the condonation of delay of 246 days which was caused in preferring the appeal against the judgement & order dtd.15.12.2009 passed by Addl. District Consumer Forum, Nagpur in Consumer Complaint No. CC/09/296(Old) & New CC/09/157(New).
2. We heard Ld. Counsel for both the sides, perused the application under order and copy of impugned judgement & order so also medical case papers & certificates.
3. Undisputedly, there was 246 days’ delay in filing the appeal. It is submitted by Mr A K Bangadka Ld. Counsel for the applicant / appellant that there was such delay as the President of applicant Society expired on 04.10.2009 and therefore, the Society could not arrange for passing resolution for giving approval for filing the appeal, etc. However, in the month of May 2010 the charge of President of the applicant – Society was given to one member and thereafter resolution was passed, giving approval for filing the appeal. It is further submitted that in the month of June the case papers were handed over to the Ld. Counsel, appearing for the applicant / appellant for filing the appeal. But he could not file the appeal as he was suffering from Asthma and other ailments, etc. till 24.09.2010. Thereafter the appeal came to be filed on 26.09.2010. In support of his submission, applicant has also produced medical case papers. The medical certificate reflects that Adv. Mr Bangadka was advised for rest for the period from 24.08.2010 to 24.09.2010. On all these grounds, it is submitted by the Ld. Counsel for the applicant to condone the delay.
4. Per contra Adv. Mr Ankit Kathane for the non-applicant / respondent that there is no just & reasonable ground to condone such inordinate delay. Further, he has submitted that the medical certificates are not clearly showing the nature of ailment, etc. He has submitted to dismiss the application.
5. True it is that the President of applicant – Society died on 04.10.2009 but no explanation is given as to why after 04.10.2009 applicant – Society has not passed any resolution, though, undisputedly, applicant had received the copy of impugned judgement & order on 22.12.2009. Moreover, though the President of applicant – Society died on 04.10.2009, the members of the Society could have arranged for passing resolution within the reasonable period after the death of President. There could be no reason for them to wait till the month of May 2010. However, it is submitted by Ld. Counsel for the applicant that due to lack of quorum of the members they could not pass the resolution, etc. But it is not disclosed as to where the members had gone. Therefore, the submission of Ld. Counsel for the applicant cannot be accepted.
6. Further, though the Advocate appearing for the applicant was ailing and was advised for rest for the period from 24.08.2010 to 24.09.2010, no explanation is given as to why the applicant could not file the appeal prior to 24.08.2010. Even the medical certificate does not reflect that the counsel for the applicant was advised bed rest.
7. Therefore, on any count we find no just and plausible explanation to condone such inordinate delay of more than 246 days. If such inordinate delay is condoned the very object of legislature would be defeated. Hence, we are declined to condone the delay and pass the following order:
ORDER
i. Application for condonation is rejected.
ii. Consequently, the appeal bearing No.A/10/629 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
