K.G.N. BUILDERS Vs. SALMA RAFIQ SHAIKH

JUDGEMENT

(1.) Heard Mr. R.P. Bafna-Advocate for the applicant. Mr. R.A. Thakurdesai-Advocate for the respondent.

(2.) This delay condonation application is filed to condone the delay of 1982 days. The undisputed facts are that the consumer complaint was decided on 31/3/2004 by the District Consumer Forum. Intimation was sent on 5/4/2004 and it was received along with the intimation sent by the District Consumer Forum. Copy of the order was also sent by the District Consumer Forum and it has been received by the appellant. Thus, the applicant had knowledge of the decision of the District Consumer Forum on 5/4/2004, when he received intimation along with the order. Thereafter, it appears that the appeal has been filed on 29/10/2009 and there is delay of 1982 days. For condonation of this delay, misc. application for condonation has been filed. The condonation of delay application, does not mention any ground for condoning the delay. From the para no.5 of the application, it is tried to be submitted that it is the Advocates wrong advice because of which the matter could not be filed.

(3.) It is very interesting to note that after the applicant has received copy of the order of the District Consumer Forum, respondent had filed execution petition under section 27 being no.E-27/2004. Applicant was served in the matter. He appeared before the District Forum and he handed over the cheque of Rs.1,50,544/- and, thereafter, it appears that the instructions were given by him to the bank for stopping the payment. Therefore, cheque was not encashed. Therefore, District Consumer Forum issued warrant against the respondent. Challenging the order of warrant issued by the District Consumer Forum, appellant filed appeal before the State Commission bearing no.492/2008. That appeal was dismissed with cost of Rs.1000/-.