HDFC CREDIT CARD DIVISION Vs. YOGINDER SINGH THAKUR

JUDGEMENT

(1.) THIS order will dispose of application tinder Section 5 of Limitation Act filed for condonation of delay in filing the appeal.

(2.) THE background under which this application was filed and the various reasons for condonation of delay in filing the present application are briefly summarized hereinafter.

(3.) IN the present case consumer complaint No. 302/2007 was decided by the District Consumer Disputes Redressal Forum Shimla on 29.5.2010 as per averments made in the application, it is stated that the Counsel for the applicant/appellant received the copy of the order on 5.7.2010 and the same was sent to the applicant/appellant No. 1 in the month of July,2010 itself but the same was received back undelivered and thereafter the appellant had asked his Counsel telephonically to send the same again which was sent in the first week of August 2010 and his Counsel desired that complete record of the case for taking decision for filing appeal was necessary. Further averments in the application are that the Counsel at Shimla sent the entire case file in second last week of August, 2010, which was further sent to head office aft Chennai. The file was received in the office of the applicant/appellant No. 1 on 30.8.2010 with the approval for filing appeal. The file was thereafter sent to Counsel at Shimla on 11.8.2010 which was received by him on 4.9.2010 and appeal was prepared by him on 19.9.2010 and was sent for signatures. The file was thereafter received back by him on 27.9.2010 and as such there is delay of 53 days in filing the present appeal. Hence, prayer had been made for condoning the delay since delay in filing the appeal is not wilful or intentional and as such present application for condoning the delay be allowed.