TICKET CHECKING INSPECTOR, R.V.RAO Vs. DUGGIRALA RAMAMANI
LAWS(APCDRC)-2003-7-3
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on July 18,2003

Ticket Checking Inspector, R.V.Rao Appellant
VERSUS
DUGGIRALA RAMAMANI Respondents

JUDGEMENT

P.RAMAKRISHNAM RAJU,PRESIDENT - (1.) THIS is an application to condone the delay of 115 days in filing the appeal. What is stated in the petitioners affidavit is that the impugned order was passed on 28.10.2002. Though the copy was made ready on 9.12.2002 the same was not received by the petitioner. Hence their Counsel obtained certified copy on 11.2.2002 and the appeal was accordingly filed on
(2.) We are not convinced with this explanation. The order copy was despatched by the District Forum under Dis. No. 4417 on 9.12.2002 to all the parties. It is not stated by the petitioner as to what has happened to the said order copy despatched to him, namely whether it is lost in transit or whether it is returned for want of correct address. In the absence of any averment in this regard we are of the opinion that the order copy is received by the petitioner.
(3.) ACCORDING to the petitioner, certified copy was obtained by his Counsel on 11.2.2003 and sent the same to the petitioner and others on 13.2.2003. But the appeal was filed on 2.5.2003. No explanation is forthcoming why the appeal could not be filed immediately on receipt of the copy on 13.2.2003 and why the petitioner waited to file the appeal till 2.5.2003. For this delay also there is no convincing explanation. Hence we are of the view that this inordinate delay of 115 days in filing the appeal cannot be condoned. The petition is devoid of merits and is accordingly dismissed. Even otherwise there are no merits in the appeal. The opposite parties in C.D. No. 117/2002 on the file of the District Forum, Visakhapatnam are the appellants.;


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