Shri Justice R.S. Sharma, President. - (1.) (Oral) - This appeal is directed against the order dated 14.07.2016, passed by District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth District Forum ) in Complaint Case No.CC/41/2016, whereby the complaint of the respondent (complainant), has been allowed and the appellant (O.P.) has been directed to pay the amounts to the complainant within one month, as mentioned in para 8 of the impugned order.
(2.) The appellant (O.P.) has preferred this appeal against the impugned order dated 14.07.2016, passed by the District Forum and has also filed an application for condonation of delay in filing appeal. The appeal is belated by 86 days.
(3.) Shri Dinesh Verma, learned counsel for the appellant (O.P.) has argued that the appellant (O.P.) was ex-parte and the learned District Forum prepared certified copy of the order on 20.07.2016 and sent the same to the appellant's office on 27.07.2016, which was served on 01.08.2016. The copy of the order sent by the District Forum was served on 01.08.2016 and the same was forwarded to the higher authority of the appellant (O.P.) Company at Chennai and it was suggested by the appellant's (O.P's) higher authority to seek legal opinion with regard to filing appeal from the counsel. Hence the copy and all other relevant papers were sent to the counsel. Thereafter the opinion of the counsel was sent on 17.08.2016. The decision to file the instant appeal was taken by the appellant's (O.P's) higher authority on 25.08.2016 and sent relevant papers along with original order copy to the counsel. The counsel for the appellant (O.P.) prepared a memo of appeal and sent the same for its approval. In these circumstances the appeal became barred by 126 day from the date of order and there is delay of about 70 days from the date of knowledge of order i.e. 01.08.2016. There was no deliberate delay or dilatory tactics adopted by the appellant (O.P.) to file the instant appeal beyond limitation. The delay occurred in filing appeal is bona fide, therefore, the same is liable to be condoned. He placed reliance on Revision Petition No.2444/2015 - Future Generali India Insurance Company Limited v. Tejram Sahu & another, decided by Hon'ble National Commission vide order dated 04.10.2016.;