BHARTIYA SHIKSHA PARISHAD LUCKNOW Vs. RANJEET KAUR

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , has been filed on 9.8.2002 i. e. , after the lapse of more than one year, against the order dated 29.6.2001, passed in Case No.14/99 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called 'distt. Forum' for short ). As the appeal is time barred the appellant has also filed an application for condoning the delay in filing the appeal, together with an affidavit of Dr. Vijay Agarwal, Secretary of the appellant organization.

(2.) The reason for delay assigned in the application is that the case was decided ex parte, hence the opposite party/appellant had no knowledge of the order till the notice dated 30.3.2002, of Execution Case was received by the appellant company. Thereafter, application for restoration was filed before the Distt. Forum and the same was registered as M. No.16/02 but later it was dismissed on 9.7.2002. It is further stated that after obtaining certified copy of the order and other documents from the record of Distt. Forum, appeal was filed. The appellant has also stated that the delay in filing the appeal was bona fide and prayed that the delay be condoned.

(3.) The learned Counsel for the respondent, though did not file any written reply to the aforesaid application but vehemently opposed the same and alleged that the very fact that the appellant remained absent before the Distt. Forum does not entitle him to any special privilege rather it demonstrates that he has been callous and negligent towards the proceedings. It was submitted that the application is mala fide and deserves to be dismissed with costs.