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

     This appeal is of the year 2003 and it was lying unattended in this Forum for the last 8 years.  As per policy of this Commission this appeal was placed before us on 5^th July, 2011 for disposal.  On 5^th July, 2011 on finding that both the parties were absent we directed office to issue fresh notice by R.P.A.D. to both the parties.  Notice was made returnable on 11.08.2011.  On 11^th August, 2011 both parties were absent, but office had issued notice by R.P.A.D., hence, we adjourned the appeal for today i.e. on 12.10.2011 for return of notice.  Even today, we are finding that we have not received postal acknowledgement receipt but postal receipts about notice having been sent to the parties on 04.08.2011 are on record.  From the postal receipt it is clear that the notices were sent to both the parties by speed post and it is our normal experience that speed post letter is delivered anywhere in India within 3-4 days.  Therefore, we presume that the notices have been delivered to both the parties but they are absent.  So, we have proceeded to decide the appeal on merit even in the absence of both the parties. 

     We are finding that in filing appeal there is delay of 257 days.  To seek condonation of delay Misc.Application No.310/2003 has been filed.  In the said Misc.Application for condonation of delay the Appellant has tried to show just and sufficient cause which shows that his brother – Haroon Abdul Karim Memon was suffering from cancer and was taking treatment at Mumbai in Tata Memorial Hospital from 23^rd July, 2002 to 8^th October, 2002 and was admitted in T.B. Hospital in Mumbai from 8^th October, 2002 to 13^th October, 2002 and unfortunately he expired on 18^th November, 2002. During same period Applicant’s brother lost his wife on 9^th September, 2002.  He pleaded in paragraph 5 that there is one more death in his family.  He lost three relatives and as such he could not approach the Commission to file appeal in time.  However, it is pertinent to note that his brother was taking treatment in Mumbai and therefore, it was quite possible for the Appellant to spend one day to come to the Commission and to file appeal.  Delay of 8 months is not properly explained because his brother was taking treatment in Mumbai Hospital for so much long period and he was free to spare 2/3 days in 8 months to file appeal.  So, there is no just and sufficient cause made out by the Appellant in filing appeal so belatedly.  We see that date of order of District Forum is 16^th January, 2002, he received copy of order on 5^th May, 2002 and last date to file appeal was 4^th June, 2002 and delay caused of 257 days is not sufficiently and properly explained and hence, we pass the following order:

O  R  D  E  R

         (i)              Misc.Application No.310/2003 filed for condonation of delay stands rejected.

       (ii)              Consequently Appeal No.227/2003 does not service for consideration.

     (iii)              Inform the parties accordingly.

Pronounced on 12^th October, 2011.