Inordinate and unexplained delay in filing an appeal cannot be condoned, especially when the party has admitted knowledge of the order in execution proceedings, as orders attain finality under Section 24 of the Consumer Protection Act, 1986.

ORDER

Heard learned counsel for the petitioner.

The appeal filed by the petitioner before the SCDRC Maharashtra (for short the State Commission) has been dismissed only on the ground of an alleged delay of 4617 days, which the petitioner states is an incorrect calculation, and should be calculated as 3589 days.

The order under challenge before the State Commission was the order dated 06.02.2010 passed by the Mumbai Urban DCDRC (for short the District Commission). The appeal was instituted in 2023 along with a delay condonation application, a copy whereof is at page 163 of the paper-book. The said delay condonation application is extracted hereunder:

“It is respectfully submitted on the behalf of the Appellant as under:

1) The Appellant states that the Appellant did not receive the first copy of the order dated 06/02/2010 passed by the Hon'ble Addl. Consumer Disputes Redressal Forum, which was modified on 28/12/2010 in Complaint bearing no.CC/198/2008 by post as the address of Appellant given in the order and address given in consumer complaint are different.

2) The Appellant got the knowledge of the impugned order vide Execution Application no. 62 of 2010 wherein summons was served through Senior Inspector, Dahisar Police Station at new address of the Appellant i.e. Flat no.502, Bhavani Apartment, Yeshwant Tawade Road, Opposite railway station, Bhavini Building, Dahisar (East), Mumbai: 400068.

Thereafter the Appellant some wherein or around 26/02/2014 onwards started appearing in the aforesaid Execution Application no. 62 of 2010. The Appellant states that above numbered appeal is hit by delay of 3589 days and for the sake of computation delay the Appellant is taking date of issue of second copy of the order i.e. 21/02/2014. The Appeal was scheduled to be filed on 22/03/2014, however 22/03/2014 was 4th Saturday and 23/03/2014 was Sunday therefore the above numbered appeal was scheduled to be filed on 24/03/2014. The Appeal is filed on 27/11/2023 and there is an inadvertent delay of 3589 days in filing the above numbered Appeal and for condonation of delay the appellant has taken out this separate application.

3) The Appellant was always under impression that there is no case for him to defend on merits and the Appellant was always cursing his deceased father Late Mr. Kedar Pande for alleged agreement executed with Respondent no.1. The appellant further states that the fraud played by the Respondent no.1/original complainant was detected by the Appellants advocate on 13/11/2023. The Appellant states that if the fraud played by the Respondent nol/Original Complainant is considered and appreciated by this Hon'ble commission then in that circumstances the above numbered Appeal is within time. The Appellant states that the considering the mis-happenings happened in the adjudicating the above numbered consumer complaint, the above numbered Appeal deserves a compassionate haring of this Hon'ble Commission.

4) The Appellant further states that the fraud played by the Respondent no.1/original complainant was detected by the appellants advocate on 13/11/2023. The Appellant states that if the fraud played by the Respondent no.1/Original Complainant is considered and appreciated by this Hon'ble Commission then in that circumstances the above numbered Appeal is within time. The Appellant states that considering the mis-happenings happened in the adjudicating the above numbered consumer complaint, the above numbered Appeal deserves a compassionate hearing of this Hon'ble Commission.

5) The Appellants father Mr. Kedar Pande expired on 23/01/2009 after prolonged illness during pendency of the above numbered Complaint. The Appellant name was substituted by the Hon'ble forum in the above numbered complaint vide ord