PALURI NARAYANA MURTHY Vs. UNITED INDIA INSURANCE CO.LTD.

JUDGEMENT

(1.) This is an application to condone the delay of 305 days in filing the appeal. The petitioner states in his affidavit that the District Forum dismissed his complaint on 23.2.1999 and he received the copy of the order by the end of March, 1999. Thereafter he collected the papers from his Counsel for taking steps for filing the appeal. However, after collecting the necessary papers including the copy of the order of the District Forum the papers got mixed up with other papers and they could not be located in spite of diligent search in his office. They could be only traced out in the fourth week of January, 2000 and thereafter the appeal was filed on 28.2.2000. Hence, the delay.

(2.) The explanation in our view is far from satisfactory. The petitioner is not diligent in taking steps to file the appeal. Having received the copy of the order of the District Forum as early as in March, 1999 could not file the appeal till 28.2 2000. This inordinate delay of 305 days, therefore, cannot be condoned. The respondent in whose favour the order is passed by the District Forum gets a vested right which cannot be disturbed lightly unless the petitioner explains the delay satisfactorily. There is no explanation except stating that the papers got mixed up with other papers. If that is the case one would understand that the papers can be searched and picked up within a few hours if a diligent search is made. Therefore, the explanation that the papers are mixed up with other papers and they could not be located for over six months cannot be accepted. The petition, therefore, fails and is accordingly dismissed. Consequently the appeal, FA. SR. No. 457/2000 is rejected.

(3.) It is already observed by the District Forum that it is open to the petitioner/appellant (i.e. complainant in the C.D.) to approach the Civil Court for redressal of his grievance, if he is so advised and the time in prosecuting before the District Forum shall be excluded for the purpose of limitation since the petitioner/appellant prosecuted his case in a wrong Forum. Appeal dismissed.