Below Misc. Application for Delay Condonation Application
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 186 days, which was caused in preferring the appeal against the judgment & order dated 22/02/2007 passed by District Consumer Forum, Akola in consumer complaint No. CC/06/97.
2. We heard Mr. Sachin Jaiswal, Ld. Counsel for the applicant/ appellant and perused the application under order and the copy of impugned judgment & order.
3. As the respondents as well as their counsel are absent we have had no opportunity to hear them.
4. It is submitted by Mr. Sachin Jaiswal, Ld. Counsel for the applicant/appellant that there was such delay of 186 days in filing the appeal as the appellant company was not aware about the date of impugned judgment, etc. It is submitted that the appellant was not aware about passing the impugned judgment as it is exparte judgment. It is submitted that in the month of July-2007 the appellant came to know about passing the impugned judgment and order and thereafter applied for certified copy of impugned judgment and order and on receiving the copy, filed this appeal, etc. It is submitted that there is legal point involved in the appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay. But we find no merits in the submission of the Ld. Counsel for the appellant as his submission is totally contrary to the record.
5. On perusal of record specifically the copy of impugned judgment and order it reflects that the complaint was contested by the appellant/original opponent No.1 by filing written version and also evidence by affidavit. Not only this but at the time of final hearing, the appellant/opponent No.1 submitted written notes of arguments on 11/01/2007 and thereafter on hearing both the sides the impugned judgment and order came to be passed on 22/02/2007 which falsify the submission of Mr. Sachin Jaiswal, Ld. Counsel for the appellant that the impugned judgment was passed exparte, etc.
6. Moreover, Mr. Sachin Jaiswal, Ld. Counsel for the appellant could not point out as to when the appellant exactly came to know about passing the impugned judgment and order. Not only this, but he does not know as to when the appellant received the copy of impugned judgment and order which was sent by the District Consumer Forum, etc. Therefore, in the absence of any just and reasonable explanation, such inordinate delay of more than 186 days can not be condoned. If such inordinate delay is condoned the very object of legislature would be defeated. Hence, we are declined to condone the delay.
Hence, the following order:-
ORDER
i. Misc. Application for condonation of delay stands dismissed.
ii. Consequently, the appeal bearing No.A/07/785 is dismissed.
iii. No order as to cost.
Dated:- 22/08/2012.
