(Passed on 26.02.2013)
Below Delay Condonation Application bearing No.MA/06/537
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 63 days which was caused in preferring the appeal against the judgement & order dtd. 30.07.2005 passed by District Consumer Forum, Akola in Consumer Complaint No. CC/03/407.
2. We heard Mr H I Kothari Ld. counsel for the applicant / appellant, perused the application under order, copy of impugned judgement & order and copy of letter dtd.30.10.2002
3. As the respondents are absent we have had no opportunity to hear them.
4. It is submitted by Adv. Mr Kothari that the appellant could not filed the appeal in time as important document i.e. letter dtd.30.10.2002 was misplaced. The same letter is being important document it was necessary to file alongwith the appeal. As soon as the same letter is traced out the appellant has filed the appeal alognwith this application for condonation of delay. It is submitted that there was no any mala fide intention to cause such delay. It is further submitted that since there is legal point about the rate of interest involved in this appeal; therefore, it is just & proper to condone the delay. Accordingly, he has submitted to condone the delay.
6. On perusal of the copy of letter dtd.30.10.2002 it reflects that it is an important document but when the same document was in the office of the applicant / appellant itself, there could be difficulty for the applicant to trace out the same within the stipulated period of limitation or within the reasonable period and file the appeal in time. Even it is not explained by the applicant as to how the same document was misplaced and from where and when it is traced out and therefore the bare contention of the applicant cannot be accepted. Even if the applicant was interested to file the appeal within the prescribed period of limitation, they could have filed it and thereafter, could have produced the copy of same letter.
7. Therefore, on any count we find no just & reasonable ground to condone such inordinate delay of 63 days. Hence, we are declined to condone the delay and pass the following order:-
ORDER
i. The Misc. Application No. MA/06/537 for condonation of delay is dismissed.
ii. Consequently, the appeal bearing No.A/06/454 is dismissed.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
