The actual delay in filing an appeal was found to be 4 days, justifying the application for condonation of delay under the Consumer Protection Act, 1986.

ORDER

1. Applicant namely Oriental Insurance company Ltd. Chandrapur filed the instant appeal alongwith application for condonation of delay against the order and judgement dated 6/2/2023 passed by Ld.District Consumer Disputes Redressal Commission, Chandrapur in consumer Complaint No.CC/133/2019.

2. Applicant, in his application contended that due to procedural formalities of the appellant company the delay has been caused in preferring appeal. It is contended that intimation of order was communicated by the dealing advocate to the Branch Office in the third week of February,2023. The Branch Office after receipt of certified copy in the first week of March,2023, forwarded the office record alongwith order to the Divisional Office at Nagpur. Thereafter it was sent tothe Regional Office to take decision whether to satisfy the award or to prefer an appeal. Applicant further contended that if the delay caused in preferring appeal is not condoned the appellant would be denied the opportunity to contest the matter on merits. Hence the delay of 21 days may be kindly condoned.

3. Notice was issued to the Respondent namely Pradnya Siras. Non applicant filed reply on 7/2/2024.

4. We heard Adv.C.A.Anthony for the applicant. No one appeared for the non applicant. In reply, non applicant stated that it is denied that the intimation of the order was communicated by the dealing advocate to the branch office in the third week of February,2023. Non applicant specifically contended that every order of DCDRC, Chandrapur was in the knowledge of counsel for applicant and it was his responsibility to communicate it to the Regional Office of the Applicant.

5. We have carefully gone through the application for condonation of delay as well as reply filed on it. We have observed that the impugned order and judgement was passed by DCDRC,Chandrapur on 6/2/2023 in consumer complaint No.CC/133/2019 U/s 12 of the Consumer Protection Act ,1986. Intimation of the order was received in the third week of February,2023 and certified copy of the impugned oder was received in the first week of March,2023 and the appeal was filed on 5/4/2023. Though the applicant has contended that there is a delay of 21 days, the actual delay is only of 4 days. Hence we are inclined to condone the delay in the interest of justice. Hence we pass the following order.

ORDER

1. Application for condonation of delay is hereby allowed.

2. No order as to cost.

3. Adjourned for admission hearing to 18/09/2025.