(Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) There is delay of 793 days in filing the appeal. This appeal is preferred by original complainant in whose favour compensation of `50,000/- was awarded by the District Consumer Disputes Redressal Forum, Satara by its order dated 17/08/2001 passed in Consumer Complaint No.128/2000 – Babulal K. Gandhi Vs. Maharashtra Rajya Vidyut Mandal & anr. However, not satisfied with the same, this appeal is preferred.
(2) The delay is tried to be explained on personal grounds stating that one Ms.Madhavi Gandhi was looking after the matter and she had approached her local advocate in the month of September 2001 to file the appeal. However, the advocate failed to take necessary steps and failed to file an appeal. Also applicant’s younger brother, Maganlal Gandhi was not keeping well. In month of June 2002, the said Maganalal Gandhi was suffering from cancer and ultimately died on 04/04/2003.
(3) We heard the learned counsel for the appellant. We are not satisfied with the reasons stated in the application. It appears that the appellant did not follow the matter deligently. Also, illness of his brother cannot be a ground. Disclosure of the cancer of his brother in the month of June 2002 is not sufficient ground to condone the delay, since said event occurred much after lapse of the period of filing the appeal.
(4) Coming to the merit of the case, appellant should also thank itself for securing an award in his favour of `50,000/- even though, he himself cannot be termed as a ‘consumer’ since the alleged fire resulting the damage has nothing to do with the service line of his connection. The fire resulted from sparking at general transmission line.
(5) For reasons stated above, we find the delay is not at all satisfactorily explained. Hence, application for delay condonation deserves to be dismissed. We hold accordingly and pass the following order.
ORDER
(1) Delay condonation application is dismissed. In the result appeal is not entertained.
Pronounced on 21st July, 2011.
