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1 IA/533/2025 in RP/23/2025

Date of filing :22.01.2025

Date of order :29.01.2026

MAHARASHTRA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION,MUMBAI, BENCH AT

AURANGABAD.

INTERALOCATORY DELAY APPLICATION NO.:- 533 OF 2025

REVISON PETITION NO. : 23 OF 2025

IN COMPLAINT CASE NO.: 302 OF 2024

DISTRICT CONSUMER COMMISSION : AURANGABAD.

Annasaheb Kashinath Jadhav, Revision Petitioner.

R/o Karodi, Post, Ghanegaon, (Adv.S.N.Choutmal)

Tq. and Dist. Aurangabad.

VERSUS

M/s Shashwat Group Respondents

Through Partner. (Adv.Shaikh Latif)

1. Dipak Suresh Raut,

R/o Jawahar colony, Aurangabad.

2. Bhagwan Bhaskrrao Andhakar,

R/o New Shantiniketan colony,

Aurangabad.

CORAM : Milind.S.Sonawane, Hon’ble Presiding Member.

Dr.Nisha A.Chavhan, Hon’ble Member.

Nagesh C.Kumbre, Hon’ble Member.

J U D G M E N T

(Delivered on 29/01/2026)

Per Mr.Nagesh C.Kumbre, Hon’ble Member.

This is a delay condonation application filed by both

applicant/original opponent (In short, applicant) in

C.C.No.302/2024 filed before the District Consumer

Commission, Aurangabad. Ld. District Commission on

2 IA/533/2025 in RP/23/2025

04.09.2024 passed the “No Written Statement” (in short, no

w.s.) order against the applicant. Applicant challenged the

correctness and legality of the above order by filing Revision

Petition No.23/2025 before this Commission.

2. Heard Adv.S.N.Choutmal for applicant and Adv.Shaikh Latif

for non applicant on delay application and merit of the case.

3. Ld. Adv. Choutmal for the applicant submitted that, the

impugned order was passed on 04.09.2024 and from this date

revision petition should file within 90 days. It is further

submitted by him that, the nearest relative of applicant was

died and applicant was engaged in their funeral ceremony.

Thereafter applicant was suffering from viral infection and

doctor advised them to take bed rest. Due to above reasons the

delay of 1month and 18 days was caused for filing the revision

petition which is not intentional and prayed to condon the

delay. On merit of the case it is submitted by him that, the

matter was posted for filing the written statement. Applicants

have appeared with their written statement on 04.09.2024

before the District Commission but the District Commission

passed no w.s. order, as the written statement was not filed

within limitation. It is further submitted by him that the delay

may kindly be condoned and the no w.s. order passed by the

District Commission may kindly be quashed and set aside.

4. On the contrary Adv. Latif for non applicant strongly objected

and prayed to dismiss the delay condonation application and

revision petition. It is argued by him that, the reasons given by

applicant for delay are not acceptable, reasonable, cogent, and

3 IA/533/2025 in RP/23/2025

justified. Applicant has not filed any evidence like the death

certificate of their relative or the medical certificate of applicant.

On merit of the case it is submitted by him that, applicants are

duly served and granted sufficient opportunity to file the

written statement within statutory period but applicant failed to

file the same within mandatory period of 45 days.

5. As per record of the case, it appears that, the impugned

order was passed on 04.09.2024. The revision petition was filed

on 22.01.2025 after the delay of 1 month 18 days. It appears

that, due to death of relative and thereafter illness of applicant

said delay for filing the revision petition was caused. However it

is not explained anywhere by the applicant that, when their

relative was died? when applicant was suffering from viral

infection? How many days of bed rest did the doctor

recommend? Applicant has not filed the death certificate of

their relative and the medical certificate of their illness on

record. Applicant has not given any satisfactory explanation as

to why the applicant delayed so much for filing the revision

petition. There is no relevant and reliable evidence filed by the

applicant in support of their contention in respect of such huge

delay. As such we are of the opinion that, the delay