ORDER :- (Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)

(1)               Adv.Sumitha Menon files letter of authority given by Mrs.Anita Marathe, advocate on record.  It is taken on record.  Heard both the sides.

(2)               There is a delay of 46 days in filing the appeal and hence this application for condonation of delay is made.  Delay is sought to be explained stating that in the meantime the appellant/complainant shifted to new address.  Copy of judgement sent by the District Forum to the previous address was not received by him and he came to know the order passed by the District Forum on 08/11/2011.  Thereafter, he took immediate steps to obtain the copy and file this appeal.  The delay is caused in the process.  The ground of objection is limited to a submission that it was the duty of the applicant/appellant/complainant to intimate the Forum about the change in address and, therefore, that caused should not be considered.  We are afraid that the submission made on behalf of the applicant/appellant is without any merit.  No doubt, there is change of address, but it is not laps for which his doors to get justice by filing appeal should be closed.  Suitable cost can be awarded the purpose payable by the appellant/applicant to the non-applicant/respondent.  Under the circumstances, we find the delay is satisfactorily explained.  Holding accordingly, we pass the following order.

ORDER

(1)     Misc.Application No.A/11/520 for condonation of delay is allowed subject to cost of 1,000/- payable by the applicant/appellant to the non-applicant/respondent.  Cost be paid within 30 days from today and failing which the appeal shall automatically stand dismissed without making any reference to the Commission.

Pronounced on 25^th July, 2012.