The present Appeal was filed by the Appellant on 16.10.2024 challenging the impugned order dated 29.11.2024 passed by Ld. District Commission-II (South District), Udyog Sadan, C-22 & 23, Qutub Institutional Area, New Delhi in CC No. 292/2015 titled as Pankaj Sharma vs. Vijay Sales & Ors.. There is an application i.e. IA-3261/24 filed by the Appellant seeking condonation of delay in filing the present appeal.

Therefore, vide this order we shall dispose of the aforesaid application for condonation of delay in the above appeal.

The application has been moved on behalf of the Appellant bearing IA No.3261/2024 seeking condonation of delay in filing the appeal, inter-

alia, on the following ground:

1. …..

2. That the matter was listed on 12.12.2023 for final arguments and was being represented through his counsel Sh. Ankur Saini and was assured by his counsel that the matter is being represented and the presence of the Appellant was not required on each date as the evidence was over. That the counsel further assured the complainant that the counsel will call the Appellant at the time of final hearing in the matter and assured representation.

3. That on 27.02.2024 the Appellant called his counsel and informed that the Respondent called him for a settlement in matter but however no reply was received from the counsel.

4. That the Appellant further in the second week of September 2024 again called his counsel to check about the status of the case, the counsel 15.09.2024 sent a screen shot which was an order dated 12.12.2023 wherein it was mentioned that vide a separate order dated 12.12.2023 judgment pronounced. A copy of the whatsapp chat and the screenshot is marked as Annexure 1 (colly).

5. That the Appellant was surprised and taken aback as they counsel had not informed him about the judgment the Appellant asked the Counsel as to why he did not inform the Appellant about the same. That the counsel replied saying that he was not sure as no order was uploaded and also informed that he did not have a copy of the order.

6. That the Appellant further asked his counsel as to why he did not inform/or conduct as inspection in the matter but however no satisfactory reply was received from the counsel.

7. That the complainant was surprised as the complainant checked the case status on confonet.nic.in but however no such order was uploaded and also the fact that he was not informed of the same by his counsel.

8. That the Appellant then visited the office of the District Forum on

17.09.2023 and then it was informed that on 12.12.2023 a final order passed in the matter.

9. The office also informed the Appellant that inadvertently the order was not uploaded.

10. That thereafter the Appellant checked the record of the case and it was discovered that the matter was last heard on 05.09.2023 and was reserved for orders/ judgment. However no next date was given for orders / judgment. A copy of the order dated 05.09.2023 is marked as Annexure2.

11. That in the meantime on 12.12.2023 the impugned order was passed. That the said order was also not uploaded on the website.

12. That the counsel for the Appellant did not inform the Appellant qua the same and as the order was not uploaded the Appellant could not have known about the Impugned Order passed on 12.12.2023.

13. That the Appellant applied for a certified copy on 17.09.2024 and the same was received on 27.09.2024.

14. That the Impugned order was also uploaded online thereafter.

15. That thereafter when the Appellant got the certified copy of the impugned Judgment and order on 27.09.2024, some time was required in collecting the necessary documents from the previous counsel and then engaging a new counsel to draft and file the appeal. That some time was also required as the Appellant was taken aback and was in great stress and agony as the counsel never informed that such a final order dated 12.12.2024 was passed.

16. That there is a delay of about 318 days in filing the present appeal from the date of order and abou