Per Hon’ble Justice Shri S.P.Tavade, President. 

1)       This is an application for condonation of delay while preferring the appeal against the judgment passed in Consumer Complaint No.CC/245/16. The complaint was decided on 25/07/2018. The applicant applied for certified copy which he received on 10/08/202018 and thereafter the order was sent for legal opinion to the Regional Office and after receipt of the opinion case papers were sent to the counsel. He took some time for preparing the appeal and thereafter appeal was preferred on 29/10/2018.There is a delay of 48 days in filing the present appeal. It is contended that the said delay is on administrative grounds. The applicant is a Insurance Company. Therefore the said delay may be condoned.

2)      Notice was issued to respondent. Respondent objected to the delay condonation application on the ground that there is no day to day explanation given by the applicant for causing the delay.

3)      Heard the learned advocate on behalf of appellant and respondent. Advocate for respondent relied the ratio laid down in RP.No..2494/17 delivered by Hon’ble National Consumer Commission, Hawking Cookers Ltd……V/s.…Dwarikanath Baranwal & Others, wherein the Hon’ble National Consumer Commission has considered the judgment of Apex Court in the case of Anshul Aggarawal……..V/s…….New Okhla Industrial Development Authority, reported in (2011)CPJ 63 (SC), has to observed that “While deciding the application filed in such a cases of condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed in  Consumer Protection Act 1968 for filing the appeals and  revisions in the consumer matters and the object of expeditious adjudication of the consumer disputers will get defeated if this Court was to entertain highly belated petitions filed against the orders of the consumer foras.”. In the said case the delay was of 48 days and it was contended that there was administrative delay. Considering the citation relied above, the said delay is not condoned.

4)      In the present case also the applicant has come with a story that after receipt of certified copy, file was sent to Regional Office for opinion and after receipt of legal opinion the papers were handed over to advocate for preparation of appeal immediately and in the said process the delay of 48 days was caused for filing the appeal. The grounds taken in the appeal are almost identical to the ratio cited supra and therefore in our opinion cause shown by the applicant does not appear to be reasonable and sufficient. Hence we are not in a position to condone the delay and hence we pass the following order.

                                           //ORDER//

1. Application filed by the appellant for condonation of delay is hereby dismissed. Consequently the appeal is stand disposed off.
2. The copy of  order be furnished to both parties free of cost.