Per Hon’ble DR. S.K. Kakade, Presiding Member. 

1. The appellant while filing this appeal against the order of Additional District Consumer Commission Nagpur in Consumer Complaint No.RBT/CC/17/144 which was decided on 06/03/2019, has filed delay condonation application wherein applicant stating that there was delay in filing of this appeal.
2.       The respondent filed reply to delay condonation application. The appellant was not represented continuously for four dates from 06/08/2021. Since it was pending for long, the said application is taken up for hearing. Learned advocate Mrs.S.K.Paunikar who is an advocate for respondent argued on the point of delay condonation. She opposed the delay to be condoned of 349 days in filing of this appeal. Sub Divisional Agricultural Officer Mr.Arun Kusalkar was present and heard on behalf of appellant. On his request the said application was heard today. According to him delay caused was because of time required for seeking permission from higher authorities and also that department was busy in implementing many of the other schemes of the Government due to which this appeal could not be filed in time. He prayed for condoning the delay in the interest of justice.
3.       The learned advocate for respondent opposed this submissions and submitted that the delay on account of administrative ground cannot be condoned and there was huge delay of 349 days should not be condoned.
4.       Learned advocate for respondent filed citation, “Dr.Gopinathan Pillai.....V/s.......State of Kerala & Other, (Arising out of Appeal (Civil) No.220 of 2007,  passed on 15/01/2007 by Hon’ble Supreme Court of India. While deciding the issue of delay condonation on 15^th January 2007, Hon’ble Supreme Court of India observed as follows :-

“ For the fault of the officer, the State should not be penalised. When a mandatory provision is not complied with and when the delay is not properly, satisfactorily and convincingly explained, the Court cannot condone the delay, only on the sympathetic ground. It is well considered principle of law that the delay cannot be condoned without assigning any reasonable, satisfactory, sufficient and proper reason.”

      Perused the record and confirmed that there is delay of around 349 days though exact delay period is not mentioned in the delay condonation application. The ground taken by the appellant in the delay condonation application that delay was due to administrative reason is not acceptable and hence the application for delay condonation is hereby rejected, subsequently the appeal does not survive hence dispose off. 

Ms.