ORDER

MRIDULA ROY, MEMBER

1. Today is fixed for passing necessary order in respect of an Interlocutory Application being No. IA/16/2026 filed by the Appellant praying for condonation of delay in filing the instant appeal.

2. The Appellant by filing the instant Interlocutory Application has stated, inter alia, that the Respondents are the Complainants before the Ld. District Commission filed a complaint case being No. CC/128/2022 which has been disposed on contest with direction on the Opposite Parties to take necessary action to obtain the Completion Certificate and to provide a copy of the same to the Complainant within a fortnight on receipt of the same, alongwith a further direction to pay Rs. 2000/- to the Complainant towards cost of litigation. It is further stated in the said application that the Complainant (Respondent herein) filed an Execution Application in order to put the decree into execution which was registered as EA/44/2023. The Appellant (J.Dr. therein) appeared and made payment of Rs. 2000/- to the D.Hr. (Respondent herein). It is specifically stated that the then engaged Ld. Advocate did not guide the Appellant properly and for the very reason the Appellant could not file the instant appeal within the stipulated time.

3. The Respondent files written objection.

4. In course of hearing Ld. Advocate for the Appellant has submitted that had the Appellant been guided properly by the then Ld. Advocate engaged by him, he would have been able to file the instant appeal within the stipulated period. It is reiterated by the Ld. Advocate for the Appellant that the delay in filing the instant appeal is not intentional and, moreover, there is no laches on the part of the Appellant in filing the instant appeal beyond the statutory period.

5. Ld. Advocate for the Respondent has submitted that the Appellant contested the consumer case before the Ld. District Commission and, thereafter, appeared in the execution case arises in connection with the said consumer case. Therefore, the Appellant has been remaining well aware regarding the said cases. It is further submitted by the Ld. Advocate for the Respondent that no “sufficient cause” has been shown for not filing the instant appeal within the statutory period. Accordingly, Ld. Advocate for the Respondent prays for dismissal of the instant Interlocutory Application.

6. Having heard submission made by both sides and on perusal of documents on record it appears that in the instant Interlocutory Application the Appellants have stated that they contested the Consumer Complaint before the Ld. District Commission and thereafter they also appeared in the execution case filed by the Decree holder/Complainant (Respondent herein) and accordingly, paid the decreetal amount of Rs. 2,000/- to the Decree Holder on 22/02/2024. However, the only cause as shown for delay in the said application is that the engaged Ld. Advocate did not guide the Appellants properly so that they couldn’t file the Appeal assailing the final order passed in Consumer Complaint Case No. CC/128/2022. It further appears from the record that the final order has been passed on 09.06.2023 and assailing the said Order instant Appellant filed the instant appeal on 11.12.2025. As per report from Registry of this Commission there is delay for 858 days in filing of the instant appeal. The only cause shown by the appellant that the Ld. Advocate engaged by them did not guide them properly which implies that they were not aware of the necessity/procedure/provision for filing any appeal assailing the final order dated 09.06.2023. However, ignorance of law could not be taken into consideration for condonation of delay. We find no sufficient cause has been shown for delay in filing of the instant appeal.

7. In such view of the matter the Interlocutory Application being No. IA/16/2026 is rejected.

8. Consequently, the instant appeal alongwith Application, if any, is also rejected.