(Passed on 16.08.2012)
Below Misc. Application No.MA/11/22for Condonation of Delay in
Appeal No.A/11/82
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of about 7 months which was caused in preferring the appeal against the judgement & order dtd.23.04.2010 passed by District Consumer Forum, Nagpur in Consumer Complaint No.CC/09/596.
2. We heard Ld. Counsel for both the sides, perused the application under order and copy of impugned jugement & order.
3. Undisputedly there was delay of about 7 months which was caused in filing the appeal. According to Adv. Mr Pimpalkhare for the applicant / appellant there was such delay as the Legal Manager or authorised signatory of the applicant – Bajaj Finance Ltd was not available. Except this there was no other reason for such delay. He has submitted to condone the delay.
4. Per contra Adv.Smt S K Paunikar for the non-applicant / respondent submitted that there is no ground to condone such inordinate delay. It is submitted to dismiss the application.
5. We find much force in the submission of Adv. Smt Paunikar for the non-applicant / respondent. Though the Legal Manager or authorised signatory of the applicant / appellant was not available, appellant ought to have made alternative arrangement for filing the appeal in time by appointing its any other employee.
6. Even though the application under order does not reflect the name of authorised signatory. It also does not reflect as to where the autorised signatory, if any, had gone.
7. Therefore, the bare contention of the applicant / appellant that its authorised signatory was not available cannot be accepted.
8. Thus, 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. Application for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No.A/11/82 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
