ORDER ON DELAY CONDONATION APPLICATION.

(Dated 18/03/2026)

Per: Hon’ble Mr. Vijay C. Premchandani, Member

1. The present appeal is filed under Section 15 of Consumer Protection Act, 1986 against the impugned order dtd.14/11/2022, passed by the Hon’ble District Consumer Forum, Sangli in Consumer Complaint No.54/2020. The Applicant/Appellant has contended in the said application that the Hon’ble District Forum was pleased to pass the aforesaid order as on 14/11/2022. The Applicant received the copy of order as on 20/12/2022 through their Advocate who appeared in the District Forum. The Deputy Executive Engineer, Sangli, forwarded the matter by letter dtd.20/12/2022 to the Jr. Law Officer at Sangli. The Jr. Law Officer forwarded the papers alongwith letter dtd.23/12/2022 to the Legal Advisor, Pune Zone, Pune. The Pune Zone Advisor sent the matter for approval to Dy. Executive Engineer alongwith letter dtd.03/01/2023 alongwith paper and opinion were forwarded to Chief Legal Advisor, Mumbai. The Chief Legal Advisor has sent it by e-mail dtd.10/01/2023 intimating for appointment of Advocate to the Jr. Law Officer, Sangli and thereafter the Jr. Law Officer, Sangli by letter dtd.11/01/2023 informed to the Dy. Executive Engineer for appointment of Advocate with instruction to contact him and the matter was presented alongwith the present appeal. The present appeal was filed a/w condonation of delay application of 26 days. The reason for delay caused for administrative ground. The Applicant/Appellant being acted diligently and obtained the permission which is required. Therefore, prayed that the liberal approach may be taken and delay caused of 26 days may be condoned.

2. The notice of this application is issued to the Respondent. The Respondent appeared and filed their reply on delay condonation application and contended that the Appellant Company is having their own ground level, circle level with enough staff. Inspite of that they have not taken or acted diligently. All officers have computerization online engineer work and even they failed and negligently cause to file the present application to codon the delay. It is contended that no sufficient cause has been explained to condone the delay. As the Appellant Company has acted negligently while preferring the present appeal. It is contended that there is a 67 days delay in fling appeal. Hence, prayed that application may be rejected with cost.

3. Heard both the sides. We gone through the reasons mentioned in the application, wherein, categorically datewise letters are mentioned for getting approval and distinct of Law Officer and legal team Officers for getting the approval for fling the appeal. Though the administrative ground for condoning the delay in filing the present appeal is not proper. but we have to take the call wherein, the justice is to be done on merit. We agree with the view taken by the Hon’ble High Court in case N.L. Abhyankar Vs. Union of India wherein, approval was required and it is settled that the authority has liberal approach when there is a substantive law of justice is to be given an opportunity to both the parties to hear the appeal on merit. Merely on technical ground, the delay cannot be rejected when there is a delay for shorter period. In the present case delay of 26 days are there in fling the appeal. However, simultaneously we cannot ignore the aspect that the consumer rights are affected, if the Appellants are preferred beyond the limitation period for preferring the appeal. Hence, it is proper to award cost of Rs.5,000/- to the Respondent (Org. Complainant). In the interest of justice, we inclined to pass the following order –

ORDER

1. The present delay condonation application of 26 days in filing appeal is allowed subject to Appellants to pay cost of Rs.5,000/- payable to Respondent (Org. Complainant).

2. The matter be listed for hearing on admission of appeal on 21/07/2026.

3. Copy of this order be provided to the parties free of cost.