POSTMASTER Vs. MOHD FASIUDDIN

JUDGEMENT

(1.) This appeal has been filed with an application F. A. I. A. No.538 of 1998 for condoning the delay of 36 days in presenting the appeal. The appellants state that the copy of the order of the Nalgonda District Forum was received on 9.3.1998 itself. The appeal ought to have been presented by 8.4.1998. However it was presented on 12.5.1998. The delay was explained as due to procedural formalities. In the affidavit in support of the application for condoning the delay the explanation given for the delay after the matter was referred to the Postmaster General, Hyderabad Region, Hyderabad by letter dated 26.3.1998, is as follows : "the Postmaster General, Hyderabad Region in turn examined the case and taken a decision to carry the matter in appeal and due to non-receipt of copy of judgment order dated 20.2.1998 of Hon'ble District Forum, Nalgonda from the appellants, the PMG, Hyderabad Region contacted the appellants which sent by the appellant vide his letter dated 3.4.1996 and received by the later on 6.4.1996. In the meanwhile public holidays/saturday/sunday have taken place from 8.4.1998 to 12.4.1998 and 14.4.1998 and due to procedural formalities there is delay of 36 days in filing this appeal. "

(2.) From the above we do not find that there is any explanation whatsoever for the delay after 14.4.1998 till 12.5.1998 the date when the appeal was presented. Thus no sufficient cause is made out for condoning the delay. The application for condoning the delay is, therefore, dismissed and consequently the appeal F. A. S. R. No.1464/1998 is rejected.

(3.) After going through the order under appeal we do not find any merit in this appeal preferred by the two opposite parties in C. D. No.32 of 1996 questioning the order of the Nalgonda District Forum dated 20.2.1998 allowing the complaint of the respondent herein and directing the appellants to return the sum of Rs.2,000/- with interest @ 12% per annum from 7.3.1996 till payment and pay compensation of Rs.1,000/- for mental agony and physical torture suffered by the complainant and Rs.500/- towards costs.