Circuit Bench Nagpur

StateCommission

A/19/46

SHRI. DHARMENDRA REDDI - Complainant(s)

Versus

SMT. USHA INDRIJIT YADAV - Opp.Party(s)

ADV.D.R.PUNEKAR

30 Mar 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. A/19/46
( Date of Filing : 29 Jan 2019 )
(Arisen out of Order Dated 14/03/2016 in Case No. Complaint Case No. CC/15/99 of District Additional DCF, Nagpur)
 
1. SHRI. DHARMENDRA REDDI
PROPRITER/PARTNER, SAIKRUPA ASSOCIATE AND DEVELOPERS OFFICE OPPOSITE TO BHARAT GAS GODOWN, NARI ROAD TEKA NAKA, NAGPUR-26
NAGPUR
MAHARASTRA
...........Appellant(s)
Versus
1. SMT. USHA INDRIJIT YADAV
R/O. NAVIN FUTALA TALAV, AMRAVATI ROAD, NAGPUR
NAGPUR
MAHARASTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
 
Dated : 30 Mar 2022
Final Order / Judgement

 

(Delivered on 30/03/2022)

PER SHRI A. Z. KHWAJA, HON’BLE JUDICIAL  MEMBER.

1.         Applicant – Mr. Dharmendra Reddi  has preferred  the present  appeal challenging  the impugned order dated 14/03/2016 passed by the learned Additional District Consumer Commission, Nagpur  under Section 15 of the Consumer Protection Act, 1986.  Along with the appeal the present appellant /applicant  has also  moved an application  for condonation of delay in preferring the appeal.

2.         We have heard Mr. Alwani, learned advocate for the appellant /applicant on the application for condonation of delay. We have also gone through the contents of the application for condonation of delay. Ongoing through  the application  we are constrained  to  observe that  no proper  explanation  much less any satisfactory  explanation  has been provided  for the delay in  preferring the appeal after  the impugned order  came to be passed on 14/03/2016 in Consumer Complaint No. CC/2015/99.

3.         We have also gone through the reply filed by the respondent and respondent has strongly opposed the application of condonation of delay. The respondent has also taken a specific plea that though there was delay of 659 days the same was not explained on day to day basis. Further the respondent has also taken another plea that the pleadings of the applicant were totally vague. We find considerable force in this contention as no due explanation has been given for the delay. As such application filed by the applicant for condonation of delay is not tenable in law and so the same is hereby rejected. Consequently, appeal is dismissed.   

 
 
[HON'BLE MR. DR. S.K. KAKADE]
PRESIDING MEMBER
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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