P.N. Kashalkar, Member—This appeal is directed against the order dated 12/08/05 passed by District Consumer Forum, South Mumbai in consumer complaint No. 27/04. The appeal is also seeking to challenge issuance of recovery certificate dated 07/10/06 against the appellant in execution proceedings.

2. There is delay of 2 years 4 months and 9 days in filing the appeal. Therefore, appellant has filed an application for condonation of delay. Delay is not deliberate or intentional. As there is legal point is involved in the matter, we deem it fit to condone the delay.

3. Facts to the extent material may be stated as under:

In all 16 complaints came to be filed in District Forum, South Mumbai against M/s. Roofit Industries Ltd. and in some of the complaints besides Chairman, Shri Suresh G. Motwani and Director, Shri Vinod G. Motwani were also added as co-respondents. In one of the two complaints Shri Kishore G. Motwani & Nitish Nigam & Co. were also made opp. parties. All these 16 complainants were decided by common order passed by District Consumer South Mumbai on 12/08/05. By the said order opp. parties were directed to refund certain amounts of the complainants within time sp