PER SHRI.S.M.SHEMBOLE, HON’BLE JUDICIAL MEMBER
This is an application for condonation of delay of 82 days which is caused in preferring appeal against the judgment and order dated 05/02/2008 passed by District Consumer Forum, Nagpur in CC No.454/07.
We heard Mr.Choudharil, counsel for the applicant and Mr.Dhande, counsel for the Non applicant and perused the application under order as well as copy of the impugned order.
Undisputedly, impugned judgment and order was passed on 5/2/2008 and its copy was supplied to the counsel for the appellant on 10/3/2008 and the appeal is filed alongwith this application on 1/7/2008.Thus,there was delay of 82 days in preferring this appeal.
Mr.Choudhari, learned counsel for the applicant submitted that the appellant could not file the appeal in time as they are residing at Nijeria. He submitted that on receiving copy of the impugned judgment and order, he informed the appellants that their complaint came to be dismissed, but they could not file appeal as they are residing abroad. Mr.Choudhary submitted that he could get the signatures and affidavit of any of the appellant and hence he could not file the appeal in time. He has filed the appeal when the appellant came to India. Thus, according to the Mr.Choudhari, learned counsel for the applicant, the delay was not with any malafide intention but it is due to genuine difficulties of the applicant/appellant. On all these grounds, they submitted to condone the delay.
As against these submissions of Adv.Choudhari, Mr.Dhande, learned counsel for the non applicant/Respondent submitted that there is no just and reasonable ground to condone the delay. Further, he has denied that the appellants are residing abroad. According to him, there is no record to that effect. He has submitted to dismiss the application.
It is fairly conceded by Mr.Choudharil, learned counsel for the applicant that he has not produced any record to show that the appellants are residing abroad. He is relying on the affidavit of the appellant No.1 Sujata. Therefore, it can not be disputed that appellants are residing in Nijeria. But in our view, though the appellants/applicants are residing in Nijeria, when they were informed by their counsel about dismissal of their complaint on merit, they should have given instructions to their counsel for preferring appeal by sending Vakil Patra and affidavit. There could be no difficulty for them to give such instructions to their counsel when they were in contact with their counsel. But they did nothing and remained silent for more than 82 days. Therefore, it is difficult to accept the arguments advanced by Shri.Choudhary learned counsel for the applicant. Since, there is no just and reasonable ground for condonation of delay, such inordinate delay of 82 days can not be condoned. Therefore, we decline to condone the delay and pass the following order..
ORDER
1. The application for condonation of delay stands rejected.
2. Consequently, the appeal is also rejected.
Delivered on 30/09/2011
