This is a petition under section 24(A)(2) of the C.P.Act filed by the petitioner Shri Goutam Debnath for condoning the delay of nine months twenty five days in filing the complaint petition against the OP-Tripura State Electricity Corporation & others.

            It is stated in the condonation petition that the petitioner was supposed to file the complaint petition on or before 22-11-2018, but due to some unavoidable and irresistible circumstances the petitioner with due diligence could not be able to file the case on or before that date. It is further stated in the condonation petition that the petitioner on 03.01.2018 after preparing and signing the complaint petition alongwith affidavit and vokalatnama and all other documents handed over the same to Advocate Sri Gopal Deb of Kailashahar Bar for submitting the same before this Commission on 04.01.2018, but due to any unknown reason the case was not submitted and the case was filed on 15.03.2019 after the expiry of period of limitation, but also with some technical defects. It is also stated that the petitioner fell in serious illness from the period of 04.01.2018 to 13.12.2018 and thereafter his mother became ill on 14.12.2018 & 15.12.2018, for which he was engaged with her treatment and thereafter the petitioner again fell ill from 16.12.2019 to 14.03.2019. On 15.03.2019 the petitioner physically communicated with his engaged Advocate and came to know from the Forum that his engaged Advocate submitted this case on 14.03.2019 not on 04.01.2018. Again from the period from 16.03.2019 to 09.04.2019 the petitioner remained ill and on 10.04.2019 the petitioner applied for certified copy of the case No. CC 08 of 2019 which was ready for delivery on 25.04.2019, but as from 15.04.2019 to 13.05.2019 the petitioner again fell ill he received the certified copy from 14.05.2018. Again from 15.05.2019 to 20.06.2019 the petitioner fell ill and thereafter his father became ill for the period from 21.06.2019 to 09.07.2019 during which period the petitioner was busy with the treatment of his father and thereafter he again fell ill from 10.07.2019 to 31.07.2019 and could not take necessary step and on 01.08.2019 he preferred petition for withdrawal of case No. CC 08 of 2018 as it was filed after expiry of limitation and for which no condonation was filed and ultimately this Forum allowed the petitioner to draw the case with liberty to file a fresh case, but again from 02.08.2019 to 10.09.2019 he again became ill and on his recovery his mother became ill on 11.09.2019. On 12.09.2019 the petitioner communicated with his lawyer, but due to local strike by political party at Kailashahar on that day he could not file fresh case before this Forum on 12.09.2019. It is further stated in the condonation that although the petitioner submitted all the papers/documents to his lawyer in time, but due to unknown reason the Advocate of the complainant could not file the case and ultimately on 17.09.2019 the case was presented before this Forum with delay of 294 days in filing the complaint petition. It is earnestly prayed by the petitioner to condone the delay of 294 days on the ground of illness of himself and his old aged parents and also for the delay caused by his engaged Advocate in filing the complaint.

            OP contested the petition for condonation by filing written objection stating that the petitioner has tried to explain the delay without any basis and the medical illness of the petitioner and his parents was totally false. CC 08 of 2019 was also filed before this Forum after the period of limitation. 294 days is a long period and the grounds of delay are not satisfactorily explained by the petitioner as such it is prayed by the OP to dismiss the condonation petition for fair ends of justice.

            Heard Ld. Counsels of the parties. While Ld. Counsel of the petitioner urged for condoning the delay, Ld. Counsel of the OP vehemently objected to it.

            Perused the record and documents annexed with the condonation petition. The period of illness as stated by the petitioner in respect of himself and his parents has been supported by medical certificates and as such the plea of the OP that the illness of the petitioner party is false is not tenable. The petitioner handed over the documents to his first engaged Advocate, who could not file the same in time and it is said that the Advocate took unnecessary time and ultimately filed the first complainant bearing No. CC 08 of 2019 after expiry of limitation period and that too not annexing any separate petition for condonation of delay. A client may a layman but a lawyer cannot be and as such for the delay caused by the lawyer a petitioner should not be deprived of his right to get redress from the court of law.

            Therefore, considering the prolonged illness of the petitioner and his parents which are supported by medical illness certificate and taking into account the delay caused by the lawyer, this Commission opines to condone the delay of 294 days in filing the complaint petition as the complaint of the petitioner relates to Consumer Protection Act., which aims at giving proper redress to the genuine consumers.

            In the result, the instant condonation petition filed by the petitioner Sri Goutam Debnath is allowed.

            Make necessary entry in the TR.

            Pronounced.