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

           It is an application for restoration of appeal which stood dismissed for default on 05/03/2009.  This application is made on 27/07/2009 for its restoration.

          The ground for restoration as pleaded is illness and in support thereof one xerox copy of certificate of Desai Nursing Home is placed on record to show that due to illness the applicant/appellant was unfit to attend his duties from the period 01/03/2009 to 25/03/2009.  Even considering this period, it is not supported by affadvait , duly sworn.  Filing of this application for restoration is much belated.

          It may be mentioned here that the consumer complaint no.404/2004 from which Appeal No.613/2008 arosed stood dismissed on 29/02/2008 directing the opposite party to pay compensation of Rs.10,000/- for the alleged deficiency in service in the mobile phone.  Apparently, the appeal is for enhancement of the compensation awarded.  Prima-facie after going through the material, the grievance made by the applicant for enhancement of compensation awarded appears to be devoid of any substance.  We find no reason to restore the appeal which was dismissed for default.  Hence, we pass the following order:-

                                                 :-ORDER-:

1.                 Misc.Application  no.928/2009 stands dismissed in limine.

2.       No order as to costs. 

3.       Copies of the order herein be furnished to the rules.