T KAVITA REDDY Vs. URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) We do not find any ground for condoning the delay of 183 days/in presenting the appeal FA SR No.1216 of 1999 by the unsuccessful complainant questioning the order of the Visakhapatnam District Forum in O. P. No.56 of 1995 dated 7.10.1998 dismissing her complaint. The opposite party in the O. P. is the respondent in FA IA No.95 of 2000 and FA SR No.1216 of 1999.

(2.) The order of the District Forum was dispatched on 15.10.1998. The appeal was presented on 26.5.1999. The petitioner/appellant in her affidavit dated 29.11.1999 has not stated when she received the copy of the order. She only sought for condonation of delay without making out a sufficient cause. She stated as follows in that affidavit: "i submit that on 7.10.1998 the District Forum, Visakhapatnam dismissed my complaint in O. P. No.56 of 1995. The order copy was dispatched on 15.10.1998. At the time of filing of the complaint, I was stayed at Madras and doing BDS course. From August, 1998 I was staying at Thondamnadu, Srikalahasthi Mandal, Chittoor District at the native place of my husband and I was carrying. Because of communication gap I could not contact my Counsel at Visakhapatnam and my Counsel was also not aware of my Thondamnadu address. Through my father Sri T. Suryanarayana Reddy who was staying at Visakhapatnam, enquired about the result of the case and requested our Advocate Mr. D. Ramesh, Advocate at Visakhapatnam and to take necessary action for preferring the appeal before the Hon'ble Commission. He sent all the papers to Mr. V. Gourisankara Rao, Advocate, Hyderabad for filing the appeal. On 26.5.1999 Mr. V. Gourisankara Rao filed the appeal. Thus there is a delay of 183 days in filing the appeal. "

(3.) It is obvious that the copy of the order could be sent only to the address given by her in the O. P. It is not her case that the copy of the order was not sent to her Madras address and was not received there by anyone. Under the circumstances we do not find that sufficient cause is made out for condoning the delay.