HON’BLE MR. KAMAL DE, PRESIDING MEMBER

Order No.: 04

Date: 15.09.2021

Parties are present through their respective Ld. Lawyer.

IA/16/2021 is taken up for hearing.

Heard Ld. Lawyer of both side. Considered.

The instant IA case is for condonation of delay. In filing the appeal being No. A/3/2021, it is stated that the appellant – OPs have been delayed by 447 days in filing the appeal . Delay has been caused. since , the Ld. Advocate of the Ld. Forum below was in the understanding that the Ld. Forum below was bound by resolution of not to pass any adverse order on and from14.08.2018 and the Ld. Advocate came to know about the judgement in the middle of March 2021 and there was lockdown on and from 23.03.2020 due to COVID 19 Pandemic. It is also stated that inspite of due diligence the appellant could not be able to file the appeal within the time. Appellants initially moved to Hon’ble State Consumer Dispute Redressal Commission at Kolkata and subsequently, have moved to this Circuit Bench to file the appeal and in the whole process there has been delay of 447 days in filing the appeal and such delay was not intentional and may be condoned.

Ld. Lawyer for the respondent have opposed the petition stating that the delay was intentional and cannot be condoned under any circumstances.

We find that the date of judgement was 30.12.2019, the appellant applied for certified copy of the judgement on 17.03.2021 and they received the certified copy on 18.03.2021 and filed the instant appeal on 31.03.2021.

There has been a delay of 411 daysin preferring the appeal.

We find that day to day explanation has not been furnished from the side of the appellant, to the satisfaction of this Commission.

Moreover, delay occurred due to non contact or non communication by the Ld. Lawyer is not a valid ground for condonation of delay. 2017(1) CPR 304 (NC) relied upon .

Object of expeditious adjudication of Consumer dispute will be defeated if court is to entertain highly belated petition filed against the order of Consumer Fora.

We find there is no satisfactory condition precedent for exercise of the extra ordinary restriction (sic discretion) vested in the court for condonation of delay.

The application for condonation is dismissed.

hence,

Ordered

The instant IA/16/ 2021 is dismissed on contest.

No order as to cost.