Decided on November 01,2013

Suklal Kadoba Bari Appellant
Ekta Gramin Bigar Sheti Sahakari Patsanstha Ltd Respondents


- (1.)THIS is an application for condonation of delay of 106 days which was caused in preferring appeal against the judgment and order dated 11.6.2013 passed by District Consumer Forum Jalgaon partly allowing the consumer complaint No.832/09.
(2.)WE heard Shri.P.R.Adkine learned counsel for the applicant/appellant, perused the application under order and copy of impugned judgment and order.
(3.)IT is submitted by Shri.Adkine learned counsel for the applicant that he received copy of impugned judgment and order on 12th June 2013. But appellant/applicant could not file the appeal in time as his cousin brother expired on 5th June 2013. Thereafter on 17th August 2013 wife of applicant expired and in between the period from 5th June to 17th August there was rainy season and applicant was required to prepare the land for sowing operation etc. After the death of applicant's wife he was not feeling well. He is already patient of heart and therefore on 09.10.2013 Dr.Sandeep Bharude under whom the applicant was taking regular treatment advised him for bed rest and not to walk etc. However, thereafter he filed appeal on 21.10.2013 along with this application under order. Thus according to Mr.Adkine learned counsel for the applicant, applicant was prevented from filing appeal in time and therefore it is just and necessary to condone the delay. Accordingly, he has submitted to condone the delay. But we find no force in the submission of Mr.Adkine learned counsel for the applicant/appellant. Though the brother of applicant expired on 5.6.2013 i.e. prior to receipt of copy of impugned judgment and order, he could have filed the appeal immediately after mourning period but no explanation is given as to why he has not filed the appeal within stipulated time because mourning period may have expired before the appeal period.
Further though the wife of applicant expired on 17th August 2013 there could be no reason for him for non -filing of appeal prior to 17th August and also after mourning period about death of his wife. However, it is tried to convince by learned counsel for the applicant that due to engagement of applicant in agriculture operations, he could not file the appeal in between 6th June 2013 to 17th August 2013. But his explanation cannot be ground to condone the delay. When he could cultivate the land during that period, he could have spared some time to contact his counsel for giving instructions to file appeal but no reasons are given.


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