(Per Shri Dhanraj Khamatkar, Hon’ble Presiding Member)

(1)               On the delay condonation application, we heard counsels for both the parties.  Adv.Mehta for the applicant/appellant tried to justify the reasons of 60 days’ delay in para No.4 of the delay condonation application.  The order in appeal is passed on 29/11/2011 and certified copy was taken by the advocate of the appellant in District Forum.  So, the appellant was aware of the order and was having certified copy of the impugned order.  Thereafter, the learned counsel for the appellant has tried to convince us that the delay has occurred in various procedures and contended that the delay is procedural.  More particularly, after receipt of copy of the impugned order, the same was reviewed by the Legal Manager of the appellant and who found that the impugned judgement & order was false and frivolous on the face of it.  In the affidavit filed, the reasons for the delay and its explanation is not given. 

(2)     Advocate for the respondent vehemently objected to the delay condonation application.  The learned advocate for the respondent has placed 2 authorities of Hon’ble National Commission reported in IV (2011) CPJ 155 and II (2012) CPJ 482 (NC).  It is observed that there is no explanation whatsoever why this process took so long except that the application further stated, “……..” This is enough to demonstrate that there was no reason for this delay, much less a ‘sufficient cause’ to warrant its condonation, as mandated in Sec.24A of the Consumer Protection Act, 1986.  Both the authorities presented by the learned counsel for the respondent are relevant in the case before us.  Delay is not properly explained.  Hence, we reject the delay condonation application bearing No.MA/12/112.  In the result, the appeal No.A/12/184 does not survive for consideration. 

(3)               The learned counsel for the applicant/appellant prayed that the amount deposited may not be disbursed till the period of filing revision is over.  The prayer is granted. 

Pronounced on 4^th March, 2013.