22/05/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

                This order relates to hearing on the petition for condonation of delay of 941 days in filing this Appeal.

            It has been stated in the petition for condonation of delay that the impugned judgment was delivered by the Learned District Forum, Kolkata, Unit-II in case no.CC 974 of 2008 on 21/11/08 dismissing the complaint.  The Appellant/Complainant being a layman conducted the case at his own cost and was not aware of the legal procedure regarding preferring Appeal or its period of limitation.  The Complainant was mentally disturbed due to the serious illness of his daughter who has been suffering from cancer.

            The Appellant in person has submitted that the delay was not intentional and having regard to the serious illness of his daughter the delay should be condoned. 

           The Respondent filed written objection against the petition for condonation of delay.  It has been submitted by the Learned Counsel for the Respondent that there was inordinate delay of 941 days which has not been sufficiently explained. 

            We have heard the submission made by both sides and perused the papers on record.  The complaint was dismissed by the Learned District Forum on 21/11/08.  The Complainant has stated in paragraph 3 of the petition for condonation of delay that he fell ill and was under treatment for several months.  That apart it has been contended that his daughter has been suffering from cancer.  On perusal of the records, we do not find any medical certificate or prescription in support of the contention of the illness of the Appellant or his daughter.  Such being the position, we are of the view that the inordinate delay of 941 days in filing this Appeal has not been sufficiently explained. 

            The petition for condonation of delay is rejected.  Consequently, the Appeal being time barred also stands dismissed.