Learned Advocate for the Complainant is present.
Learned Advocate Mr. S. Datta Choudhuri is also present for the O.P.
On the last occasion we have heard both sides on the application filed U/S 24(A) of the Consumer Protection Act, 1986 for condoning delay of 576 days in presenting the complaint petition.
At the time of hearing Learned Advocate Mrs. S. Deb submitted that there is sufficient cause for not filing the complaint in time. She submitted that on 14th March, 2017 at about 12.45 A.M. the grocery shop of the Complainant caught fire and was burnt to ashes due to a fire incident. The Complainant made a written complaint on 15th March, 2017 before the Office-in-Charge, Kamalpur Police Station. The Complainant then informed the matter Kamalpur Fire Station and they prepared a report regarding the loss sustained by the Complainant due to the fire incident. On 15th March, 2017 the Complainant made a written information to the O.P. No.2 but no response. After a long wait on 13/07/2020 the Complainant sent a legal notice to both the O.Ps. through registered post but the O.Ps. did not bother to reply. There was a delay of 576 days which is unintentional on the part of the Complainant.
On the other hand Mr. S. Datta Choudhury vehemently opposed the condonation petition stating that the Complaint was filed on 09/10/2020 but Affidavit was sworn on 14/10/2020, how it is possible. At that time Learned Counsel of the Complainant admitted that there was a mistake in the copy of the petition which is supplied to the O.P. but it was rectified in the original petition.
We have considered the facts and circumstances of the case and we are satisfied about the reasons of delay in filing of the complaint. So, we condone the delay and the petition filed U/S 24(A) of the Consumer Protection Act, 1986 is allowed. The result be reflected in the CC-83 of 2020. So, Misc. Case is disposed of.
Supply copy of the order both the parties free of costs.