(Delivered on 30/03/2022)

PER DR. S.K. KAKADE, HON’BLE  PRESIDING MEMBER.

1.         This delay condonation application filed by the appellant while filing the appeal in this Commission First Appeal No. A/21/104 this the order passed by the learned District Consumer Forum (Now Commission) at Nagpur in Consumer Complaint No. CC/132/2015 dated 15/09/2018.  According to the appellant there is delay of 28 months and 17 days in filing the appeal. Respondent/original complainant has filed reply to this delay condonation application praying for rejection  of the delay condonation application.

2.         According  to  Mr. R.R. Shrivastava, learned  advocate for the appellant  the delay  in filing this appeal  was due to Covid-19  Pandemic  and thus it was  not possible  to file  this appeal.  Further learned advocate for the appellant has submitted that consumer complaint case No. CC/132/2015 was decided exparte by the  learned District Consumer  Forum (now Commission), Nagpur and hence the appellant /original  opposite party was not aware of the  judgment  and  order passed by the  learned District Consumer Commission. The appellant  has received the  information  about the aforesaid  judgment  on 12/08/2020 by Whatsapp  message which was sent by the non applicant/respondent, before  that  the  appellant  was not aware.  Since this was a Corona Pandemic Period, the appellant could not file appeal  as well  as appellant  could not arrange funds to comply  with the order passed by the  District Consumer Commission so though the order was passed  on 15/09/2018 as it was exparte, the appellant  was not aware of the order. After the knowledge of the impugned order the appeal was filed on 22/03/2021.  Thus, as per  the submission  of learned advocate for the appellant, the delay period   is within  the period  which is exempted  by the Hon’ble  Supeme Court of India an order  dated 08/03/2021 in Suo Motu Writ Petition (Civil) No. 3 of 2020.

3.         Non applicant /respondent /original complainant has filed reply to the application for condonation of delay moved by the appellant.  Mr. Karbhari, learned advocate for the non applicant  invited  the Bench  to the  reply filed and  submitted that  the appellant  has not  explained  the delay on day to day  basis and hence,  no cogent  reason has been  given  by the appellant the delay  actually is more than 28 months and 17 days.  This complaint  was filed by the respondent – original complainant in the District Consumer Forum, Nagpur. In spite of receiving the notice of the complaint which was filed in the year 2015 the appellant / original opposite party did not appear before the learned District Consumer Forum, Nagpur, also the certified copy of the judgment dated 15/09/2018 was sent  to the opposite party through the Forum (now Commission). The total  delay period  comprised  of the date of passing  of the order i.e. on 15/09/2018 to the  date  of beginning   exempted  period  i.e. on 15/03/2020, the appellant has not  explained  reason for  not filing  the appeal  in this period and hence prayed  for rejecting  the delay condonation  application.

4.         After  hearing  submissions both the parties and perusal of record, this Commission is of the  opinion that  the appellant  has not  explained the  delay in reasonable  manner, specifically  the delay period before  the lockdown  was not  correctly explained and thus  the explanation  given by the appellant  being  not satisfactory.  Application for condonation of delay filed by the appellant is hereby rejected. Consequently, the appeal also does not survive consideration and hence, the application for condonation of delay/appeal is  disposed of. Parties to bear  their  own costs.