Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member

This appeal has been filed against the order of dismissal passed by District Consumer Disputes Redressal Forum, Pune in consumer complaint no.286/2007 decided on 21/4/2009.  In filing this appeal there is delay of 241 days.  Appellant has filed condonation of delay application being M.A.no.45/10 to seek condonation of delay. In the condonation of delay application he has sought condonation of delay of 227 days but on actual calculation by us there is delay of 241 days in filing the appeal, whereas the appellant has sought condonation of 227 days as mentioned in para 2 of the condonation of delay application.  In fact in para 10 prayer clause, …… days in filing appeal is mentioned. Number of days are not mentioned in the prayer clause.  Delay of 227 days according to appellant on his own showing and delay of 241 days as per our calculation is enormous and no just and sufficient cause has been mentioned in the condonation of delay application. It is not supported by any documents.

In the course of arguments counsel for the applicant stated that appellant was admitted in hospital and he could not contact advocate for filing case.  For how many days he was hospitalized for taking treatment is not mentioned in the application.  No doctor’s certificate, discharge card of the hospital has been placed on record.  So contention of the applicant that applicant was admitted in hospital and was taking treatment is not supported by any documentary evidence. In the circumstances, we are not inclined to condone delay of 227 days asked for by the appellant in filing this appeal. Hence the following order:-

                                      ORDER

Misc.application no.45/2010 for condonation of delay stands rejected.

Consequently, appeal does not survive for consideration.

Copies of the order be furnished to the parties.