ORAL ORDER

Per – Hon’ble Mr. Justice S. B. Mhase, President

          Adv. Sushma Gor proxy advocate for Adv. Manisha Ashok Bodke is present on behalf of the Applicant/Appellant.  She files letter of authority.  It is taken on the record.  Adv. Asim S. Vidyarthi is present on behalf of the Non-Applicants/Respondents.  He files his ‘Vakalatnama’.  It is taken on the record.  Heard both the learned advocates.  Perused the record.

[2]     This appeal takes an exception to an order dated 21/9/2012 passed by the South Mumbai District Forum in Consumer Complaint No.03 of 2012.  By the impugned order, the consumer complaint was dismissed for default.  There is an alleged delay of 29 days in filing the appeal and to seek condonation of delay the Applicant/Appellant has filed Miscellaneous Application No.20 of 2013.

[3]     Grounds put forth in the application for condonation of delay are absolutely absurd and irrelevant.  However, since this is an appeal filed by the original Complainant, whose complaint came to be dismissed for default, we take a lenient view in the matter.  It is the lapse on the part of the advocate who was appearing on behalf of the Applicant/Appellant before the District Forum which resulted into dismissal of the complaint for default.  No doubt there was lapse on the part of the Applicant/Appellant in not prosecuting the complaint diligently before the District Forum.  However, in the interest of justice and equity we find that it will be proper to offer one more opportunity to the Applicant/Appellant, who is the Complainant before the District Forum, to participate in the proceeding.  However, equity can be balanced by imposing reasonable costs.

          Hence, we pass the following order:-

ORDER

Miscellaneous Application No.20 of 2013 seeking condonation of delay in filing Appeal No.32 of 2012 is hereby allowed.  Consequently, the delay in filing appeal stands condoned.

Appeal No.32 of 2013 is allowed.  Consequently, order dated 21^st September, 2012 passed by the South Mumbai District Forum in Consumer Complaint No.03 of 2012 is hereby set aside.

Consumer Complaint No.03 of 2012 is restored to the file of the South Mumbai District Forum subject to payment of costs of `1,000/- to be deposited into Legal Aid Fund of this Commission by the Applicant/Appellant within a period of fifteen days from today (Since the order is passed in presence of the parties) and failing which the order passed by the District Forum shall stands confirmed.

Pronounced and dictated on 21^st March, 2013