ASHOK LEYLAND FINANCE LTD Vs. HIRALAL SAHU

JUDGEMENT

(1.) -THE appellant has preferred this appeal on 22. 11. 2006, against the order dated 28. 8. 2006, passed in Case No. 70/2006 by the District Consumer Disputes Redressal Forum, Rajnandgaon, (hereinafter called the 'district Forum' for short ). The appellant has also filed an application for condoning the delay in filing the instant appeal. In support of the aforesaid application, the appellant has also filed an affidavit of Mr. Mukesh Varma. Subsequently, an affidavit of Mr. Adil Ahemed was also filed on 21. 12. 2006. The appellant has also placed certain documents on record.

(2.) IT is stated in the application that the O. P. /appellant did not receive notice sent by the District Forum as the appellant had shifted its office from Aishwarya Chambers to Aparajitha Complex, two years back. The complainant was aware of this change of address but deliberately got notice served on the previous address. It is further stated in the application that the appellant is a limited company having a clerk to receive the post hence there is no point in not receiving. Had the notice of complaint come to the office it would have been received. The District Forum passed ex parte order on 28. 8. 2006 and copy of the said order was received by the appellant together with the execution petition on 3. 11. 2006. The appellant came to know of the order on 3. 11. 2006 only. It is prayed in the application that the delay in filing appeal may be condoned.

(3.) THE respondent has filed reply to the aforesaid application denying that the notice of the District Forum was not served. The appellant has not disclosed any reason for delay in filing the appeal. Hence, the application may be dismissed subject to cost.