Per M.P.Kasar Member

1. Application is filed by the complainant sickening delay of 51 days in filing  the fresh complaint  be Condon.
2. Opposite party appeared through Ad.Ashish T,.Suryavanshi .vide dated 23/09/2022 authorised representative Ad .Bharti Shinde  of Adv.Ashish Suryavanshi  filed purshis stating that,opposite party does not want to file reply and so far as condonation of delay is concerned the opposite party submits itself to the order of this commission.

         To decide application on merit and in order to that we frame following issues​

                                                 ISSUES

         Findings:-

3. As to issue No.1& 2 :-  It has been noted that, on 17.03.2022 this commission dismissed the complaint case  cc-17-130 due to lack of pecuniary jurisdiction, with a liberty to the complainant to file a fresh complaint before  the appropriate court within a period of 4 weeks from the receipt of copy of order  by complainant .It is stated  by the applicant that, complainant wife received said order on 09.04.2022 which was sent by registered post by this commission.

Complainant filed instant complaint before this commission on 28/06/2022 along with instant delay condonation application. The reasons mentioned by the complainant are that, complainant is working in bank of Baroda Mumbai and he transferred to Hyderabad in Jan 2021 and since he is working there and staying there and complainant is unable to come to Mumbai to sign the fresh complaint with 4 weeks. Complainant came to Mumbai on 22.06.2022.  Thus according to the complainant delay caused due to the reason beyond the control of the complainant. Reasons mentioned in application for condoning the delay remained unchallenged moreover it can be taken into consideration in view of principal of natural justice. Thus delay caused in filing complaint before this commission as per directions of this commission in order inCC-17-130 vide dated 17.03.2022 can be condoned below section 69 (2) of consumer Protection Act 2019.Thus we answer issue No.1 as Yes and held that delay caused is condonableso we pass order in view of issue No.2 as follows:-

          ORDER.

1. MA-22-10 in CC 22-165 i.e. application of condonation of delay of complaint  filed by the complainant is hereby allowed.
2. Delay  of 51 days caused in filing the fresh complaint is hereby condoned.
3. No order as to cost.