Maharashtra

StateCommission

A/10/1097

M/S DALVI CONSTRUCTION - Complainant(s)

Versus

SHRI SHASHIRAJ BAPUSO PATIL - Opp.Party(s)

R R WAIGANKAR

16 Dec 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/1097
(Arisen out of Order Dated 31/07/2010 in Case No. 73/2009 of District Kolhapur)
 
1. M/S DALVI CONSTRUCTION
SANGRAM V PATIL R/O 2491 D WARD SHUKRAWAR PETH KOLHAPUR
KOLHAPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. SHRI SHASHIRAJ BAPUSO PATIL
R/O 1142 E WARD SYKES EXTENSION KOLHAPUR
KOLHAPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:R R WAIGANKAR , Advocate for the Appellant 1
 Umesh Mangave, Advocate for the Respondent 1
ORDER

Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          This appeal bearing No.1097/2010 has been filed with delay of 5 days.  Hence, appellant has filed condonation of delay application No.605/2010.  In the condonation of delay application, he has simply mentioned that he was not physically fit and doctor advised him to take bed rest.  There is no supporting medical certificate of any doctor issued in favour of the appellant.  In absence of medical certificate from the doctor, who had advised him to take bed rest, it is not possible for us to condone the delay of 5 days.  It is tried to be argued before us that delay is of few days and it was not intentional or deliberate.  The question is not of few days, but whether particular days of delay are properly explained by showing just and sufficient cause.  Merely mentioning that, he was physically unfit to seek condonation of delay is not sufficient for this Commission to condone the delay generously and lavishly.  If proper proof is not adduced to show that there was reasonable ground and sufficient cause for condoning the delay, delay even one day cannot be condoned as a matter of fact and therefore, we are not inclined to condone the delay.  Hence, we pass the following order :-

                             -: ORDER :-

1.       Misc. Appl. No.605/2010 stands rejected.

2.       Consequently, Appeal No.1097/2010 does not survive for consideration.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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