Consumer forum - condonation of delay
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
Dear Sir,
I got a favorable order in the district forum. The OP filed an appeal with the State Forum with a condonation of delay application. The Forum allowed the delay to be condoned and passed the following order -
"Misc.Application for condonation of delay is allowed and the delay in filing the appeal stands condoned subject to payment of cost of Rs. 5000/- to be paid by the applicant/applicant to non applicant/respondent. Cost to be paid within 30 days from today. Since the order is passed in presence of both the parties, failing which, without any further reference to the Commission, application for condonation of delay shall stand automatically dismissed."
It is more than 30 days now and the OP has not paid the costs to me. So is the condonation of delay dismissed. If yes, what happens to the Appeal Application that was filed? Should I write an application to the State Commission that no costs have been paid till date and to dispose the appeal?
Please Advice.
Regards,
ajay sethi
(Expert) 11 September 2011
yes condonation of delay application is dismissed . if condonation of appeal application is dismissed appeal does not survive . no need to make an application to state commission
Arif Iqbal
(Expert) 11 September 2011
I agree with Mr Sethi
Kiran Kumar
(Expert) 11 September 2011
rightly advised by Mr. Sethi...the notice in the main appeal was subject to the orders passed in the application for condonation of delay.
on the next date of hearing you may apprise the court with the orders passed on application for condonation of delay, so that the commission can proceed accordingly.
also check whether the petitioner/ appellant has approached National Commission at New Delhi against the imposition of Costs.
Querist :
Anonymous
(Querist) 11 September 2011
Thanks a lot everyone.
If the Appeal is considered to be dismissed, can I inform the District Forum about this development where I have already filed Execution Application (This was filed before the OP had filed Appeal). The execution application was still pending.
Further, as my hearing with State Commission is next month, if the OP sends the costs via cheque now, should I accept it?
I just wanted to be safe as the OP has just tried to delay the proceedings everywhere. It took 2 yrs to get the order in District Forum. Then they filed an appeal after I filed Execution and now 9 months have passed.
I just checked NCRDC, they have not filed any appeal with the National Forum till date.
Regards,
Shastri J.K.
(Expert) 11 September 2011
I also agree with Mr Sethi
prabhakar singh
(Expert) 11 September 2011
can I inform the District Forum about this development where I have already filed Execution Application (This was filed before the OP had filed Appeal). The execution application was still pending.
Answer:.......
Yes you can do so.
Further, as my hearing with State Commission is next month, if the OP sends the costs via cheque now, should I accept it?
Answer:.......
No you should not do so.
If any cheque come now it would be anti dated as you say 30 days has lapsed.
But you are advised to inquire if the amount has not been deposited in state forum/commission directly with in time before doing any thing else,it can be paid against receipt to your advocate,if any,engaged before state commission.
Querist :
Anonymous
(Querist) 15 September 2011
Dear Sir,
I got a call from the OP's lawyer today stating that the cheque is prepared and they tried to hand deliver it to me and I was not available at my house. I feel this is an incorrect statement as if I was not there they could have couriered it to me, sent me an email that they tried delivering / called me before.
What should me my next course of action?
regards,
