PREMIER LIMITED Vs. NAGARJUN M. CHAUHAN

JUDGEMENT

(1.) Heard counsel for the petitioner. The District Forum had allowed the complaint filed by respondent No.1 and directed the petitioner and opposite party No. 2 to give brand new Fiat Car in good condition to the complainant within one month from the date of the order or alternatively refund Rs. 2,07,000 being the price of the car with 12% interest at cumulative rate from 20.8.1992 until full amount is refunded. The opposite parties were also directed to pay compensation of Rs. 10,000 for mental harassment and Rs.2,000 as legal expenses. This order was challenged by the present petitioner before the State Commission by filing appeal. Alongwith the appeal, an application for condonation of delay was filed seeking to condone the delay of 335/315 days in filing the appeal. The condonation application was rejected and consequently the appeal was dismissed.

(2.) In the condonation application, copy of which is found at pages 96-98 of this revision, it is seen that the only reason given for condoning delay is that due to inadvertent reasons, applicant could not remain present before the Ld. Forum, Junagadh and at a later stage, the order of the Forum, Junagadh came to its notice on account of which there is delay in filing the appeal. This can hardly be a ground to condone the delay. This shows not only lack of diligence on the part of the petitioner but also lack of action on its part in first pursuing the matter before the District Forum and then in filing the appeal before the State Commission with delay of more than 300 days for which there is no satisfactory explanation.