Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This is an appeal lying in this Commission since 2004. After filing of the appeal on 15/06/2004 no steps were taken by the appellant for circulation to get notice issued to the respondent. On 03/08/2011 office had kept this matter before us for disposal. On that date, we found that both the parties were absent and matter was taken out from sine-die list. Therefore, we have directed the office to issue notices to both the parties returnable today. Accordingly, as per endorsement dated 20/09/2011 office has sent notices to both the parties, but both parties are absent.
2. This appeal has been filed by org. opponent against the judgement and award dated 15/04/2004 passed by District Consumer Disputes Redressal Forum, Nashik in consumer complaint No.32/2000. The complaint filed by Mr.Mohan Baburao Magar, one of the members of the Co-op. Housing Society was allowed only to the limited extent of directing the appellant to give connection of safety tank and drainage to the drainage constructed by the Municipal Corporation. This prayer was not attended to by the Society. Therefore, amongst others, he had filed consumer complaint for this grievance. Other grievances were found not to be proved. Therefore, District Consumer Disputes Redressal Forum allowed the complaint partly directing opponent Nos.1&2 to give connection of safety tank to the drainage system constructed by the Nashik Municipal Corporation. Aggrieved by this order, Society has filed this appeal.
3. In filing this appeal, there is delay of 15 days as initially written in Misc. Appl. No.1325/2004, but by scoring off those 15 days it has been mentioned that delay is of 31 days. However, in the affidavit filed in support of delay condonation application, only 15 days delay has been mentioned. So, there is variance in the condonation of delay application and affidavit filed in support thereof. That apart, the medical certificate issued by Dr.N.J. Kasliwal says that Mr.Jadhav Madhukar Bhagirath was suffering from severe lumbo sacral sprain due to accidental fall on back and he was under his treatment from 09/05/2004 till 08/06/2004. He was advised rest. However, the appeal has been filed by Geetamai Co-op. Housing Society Ltd., through its Chairman Mr.Sunil Tukaram Jadhav. Whereas, certificate placed on record shows that it was Mr.Madhukar Bhagirath Jadhav who was suffering from a particular ailment. So, Chairman was not suffering from any ailment and therefore, delay of 31 days as mentioned in the delay condonation application No.1325/2004 is not proved.
4. Moreover, as mentioned above, there is variance between the days as mentioned in the condonation of delay application and the affidavit filed in support thereof. For all these reasons, we are not convinced that there was sufficient cause for the Society to file appeal belatedly and since delay has not mentioned consistently in the application as well as in the affidavit, we are not inclined to allow this application. Hence, we pass the following order :-
-: ORDER :-
1. Misc. Appl. No.1325/2004 for condonation of delay stands rejected.
2. Consequently, appeal does not survive for consideration.
3. No order as to costs.
4. Copies of the order be furnished to the parties.
Pronounced
Dated 26th September 2011.
