Appeal in state consumer forum

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
Sir/Madam,

My lawyer filed review application before district consumer forum but forum rejected the same and in this process eight months have elapsed and appeal time has delayed considerably. Can I file the appeal belatedly. Will state commission condone the delay. kindly guide.

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Devajyoti Barman (Expert) 20 September 2011
After so much delay I do not think there would be enough explanation to condone the delay.
The consumer forums hardly review its own order.
You should have preferred appeal against the said order.

ajay sethi (Expert) 20 September 2011
you will have to file appeal with application for condonation of delay . in condonation of delay application you mention that no appeal could be filed as you had filed review application and you were not aware that appeal has to be filed .
court may condone delay on payment of costs if luck favours you

Shailesh Kr. Shah (Expert) 20 September 2011
need to do as advised by Mr. Ajay Sethi.

Raj Kumar Makkad (Expert) 20 September 2011
Delay is liable to be condoned due to your approach in wrong fora. This is a valid ground and so your appeal can be got admitted.

Advocate Bhartesh goyal (Expert) 21 September 2011
Yes file an appeal alongwith delay condone application.Delay may be condoned as it is not due to any negligence on your part but due to wrong advice or approach in wrong fora.

Querist : Anonymous (Querist) 21 September 2011
Thanks to experts for their guidance. Can I have any latest Supreme court judgment for condonation of delay on wrong advice of counsel. Kindly provide me.

ajay sethi (Expert) 21 September 2011
you dont need judgement on this point . you have to specifically plead in condonation of delay application that you had been wrongly advised to file a review petition

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