- (1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 has been filed on 22.01.2013 against the order dated 21.09.2012 passed by District Consumer Forum, Durg (hereinafter referred to as District Forum for short). As the appeal is belated the appellant has filed an application for condonation of delay in filing the appeal.
(2.) AS per the application copy of the order dated 21.09.2012 was received by the counsel and was forwarded to the appellant with forwarding letter dated 28.09.2012. Appellant contacted government advocate on phone for seeking appointment for taking his opinion and appointment was fixed for 10.12.2012 and on the said date the government advocate and from there it was sent to Regional Office, Raipur for seeking permission for filing appeal and after getting necessary permission appeal was filed belated by 96 days. Detailed affidavit of Shri A.K.U.B. Singh, Regional Manager of the appellant organization at Durg has been filed in support of the application as well as stating about the action taken against the erring officials.
(3.) RESPONDENT filed detailed reply to the application stating therein that there was no sufficient ground for the inordinate delay caused in filing the appeal. Arguments on the application heard. Learned counsel for appellant reiterated the causes mentioned in the application and submitted that the appellant has filed details of action taken against the erring officials. The reply received from such officials in response to Show Cause Notice has been forwarded to the Regional Office, Raipur and the matter is pending before the said office. Learned counsel submitted that action is being taken against the erring officials hence the delay may be condoned because the appellant has a good case on merits.;