Legal Fighter (Advocate) 09 December 2011
An order was passed by the consumer forum bu the other party didn't apply for certified order copy. Now after 5 months, they apply and get certified order copy and go to appeal saying that they obtained certified copy now.
The complainant had sent photocopy of certified copy of order after 15 days of passing of order through Speed Post.
Can the delay in filing appeal be condoned?
Rajesh Hazra (Mediator and Legal Counsel ) 09 December 2011
You have already failed to respond to the order in time and hence the only resort that may be possible is to approach the Hon'ble Forum with Misc Petition for delay mentioning the reasons for delay beyond the limit. The Hon'ble Forum may allow.
sridhar pasumarthy (ADVOCATE) 09 December 2011
Dear Legal Fighter,
Appelllant has to show sufficient cause for not preferring the appeal within time. Normally, liberal approach would be taken in condoning the delay.
kiran (student) 13 December 2011
Consumer forum has sent the first free order copy to the exparty by post . So, there is no reason for applying certified order copy.
During the coarse od appeal, usually higher forum looks for te first free order copy date not the certified copy you apply and take, wenever you want.
Hence, it is hopelessely barred by time
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
