CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



First Appeal no.72/2009 Date of Filing: 19/01/2009

@ Misc.Application Nos.114 /2009-Delay

115/2009-Stay

Consumer Complaint No. 549/2001

District Consumer Forum:Mumbai Suburban Date of Order: 13/07/2009



Mr.Chandrakant Vakharia Appellant

M/s. Shriji Industries, H/7B, Vikas (Org.Complainant)

Industrial Estate, Goddeo Road,

Bhayander- 401 101, Dist- Thane

V/S.

Bombay Suburban Electric Supply Ltd. Respondent

C/o- Reliance Energy, Reliance Infrastructure Ltd.,

Reliance Energy Centre, Santaccruz(E),

Mumbai- 400 055.



Corum : Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member.

Smt.S.P.Lale, Hon’ble Member.



Present: None for appellant



:- ORAL ORDER :-

Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member:

None present for the appellant.

Perused the record, particularly the application for condonation of delay. There is delay of 151 days in filing the appeal. The reason given is one line statement stating that the appellant had not received the copy of award, which was posted to him on 11/09/2008. The reason given is quite unsatisfactory, since the delay of 151 days is not sufficiently explained. The record shows that proceedings before the Forum below was prosecuted diligently by the appellant. He was aware of the date on which the award passed and was posted to him. Considering over all circumstances, his bear statement that he had not received the copy of the award passed does not inspire confidence. Delay is not satisfactorily explained. The application for condonation of delay deserves to be dismissed. We hold accordingly, and pass the following order:-



:-ORDER-:

1. Misc.Application No.114/2009 for condonation for delay stands dismissed.

2. As such, the appeal does not survive for consideration.

3. No order as to costs.

4. Copies of the order herein be furnished to the parties.





(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member