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Application For Condonation of Delay For Appeal

Rajan Kumar has filed an appeal under Section 41 of the Consumer Protection Act, 2019, against a dismissal order from the District Consumer Disputes Redressal Commission, citing a delay of approximately 47 days due to serious health issues. He argues that the delay was not intentional and that denying the appeal would result in a miscarriage of justice, while condoning it would not prejudice the respondents. The appeal raises significant legal questions regarding the application of the Consumer Protection Act and the alleged negligence of the respondents.

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13 views5 pages

Application For Condonation of Delay For Appeal

Rajan Kumar has filed an appeal under Section 41 of the Consumer Protection Act, 2019, against a dismissal order from the District Consumer Disputes Redressal Commission, citing a delay of approximately 47 days due to serious health issues. He argues that the delay was not intentional and that denying the appeal would result in a miscarriage of justice, while condoning it would not prejudice the respondents. The appeal raises significant legal questions regarding the application of the Consumer Protection Act and the alleged negligence of the respondents.

Uploaded by

riamalhotra.750
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Before,

The Hon’ble President,


State Consumer Disputes Redressal Commission,
Bihar, Patna

Appeal No. / 2025


In the matter of an Appeal
u/s 41 of the Consumer
Protection Act, 2019
And​
​ In the matter of:-
Rajan Kumar, S/o Mansha Prasad, aged about 32 years,
R/o Village Hiramani, P.O. Mathiyavrit, Block + PS- Chauradano,
District- East Champaran, Bihar - 845302, Mob-9304219082​
​ ​ ​ ​ ​ ​ ​ ​ …………Appellant
Versus
1)​ Superintendent, Head Post Office,​
Motihari, East Champaran, Bihar - 845401
2)​ Postmaster, Raxaul Post Office,​
Raxaul, East Champaran, Bihar - 845305​
​ ​ ​ ​ ​ ​ …………Respondents​
The humble Petition for
Condonation of Delay in Filing
the Appeal u/s 41 of the
Consumer Protection Act, 2019

MOST RESPECTFULLY SHEWETH:-


1)​ That the Appellant has preferred the accompanying appeal under
Section 41 of the Consumer Protection Act, 2019, against the
impugned order dated 12.12.2024 passed by the Ld. District
Consumer Disputes Redressal Commission, East Champaran,
Motihari, in Consumer Complaint Case No. 171/2018, whereby
the Appellant’s complaint was erroneously dismissed, causing
grave prejudice to his rights.

2)​ That the certified copy of the impugned order was made available
to the Appellant on 10.01.2025, and as per Section 41 of the
Consumer Protection Act, 2019, read with relevant rules, the
appeal was required to be filed within a period of 45 days, i.e., on
or before 24.02.2025.

3)​ That, unfortunately, due to circumstances beyond the control of


the Appellant, the appeal could not be filed within the stipulated
period, resulting in a delay of approximately 47 days in presenting
the instant appeal before this Hon’ble Commission.

4)​ That the sole reason for the delay in filing the appeal is the serious
health issues faced by the Appellant. Immediately after receiving
the certified copy of the impugned order, the Appellant fell ill,
suffering from a severe viral infection/medical condition which
confined him to bed rest and required prolonged medical attention.
The Appellant was physically incapacitated and unable to attend
to legal matters, including consulting his counsel or taking steps to
file the appeal within the prescribed time.

5)​ That the delay in filing the appeal was neither intentional nor
deliberate but was caused by genuine and unavoidable
circumstances arising from the Appellant’s ill health. As soon as
the Appellant regained sufficient health, he diligently pursued the
matter and instructed his counsel to prepare and file the instant
appeal without further delay.

6)​ That the accompanying appeal raises substantial questions of law


and fact, including the Ld. DCDRC’s erroneous reliance on
Section 6 of the Indian Post Office Act, 1898, while ignoring the
Respondents’ gross negligence and the overriding provisions of
the Consumer Protection Act, 2019, which caused irreparable loss
to the Appellant’s economic opportunity and livelihood.

7)​ That the refusal to condone the delay would result in grave
miscarriage of justice, as the Appellant would be deprived of his
statutory right to seek redressal against an unjust order that has
caused him significant financial and mental agony. Conversely,
condoning the delay would cause no prejudice to the Respondents,
who would have a full opportunity to contest the appeal on merits.

8)​ That the Appellant undertakes to prosecute the appeal diligently


and in accordance with the directions of this Hon’ble
Commission, ensuring no further delay in the proceedings.

9)​ That this petition is filed bona fide, in the interest of justice, and
no similar petition seeking condonation of delay has been filed
before this Hon’ble Commission or any other forum in respect of
the impugned order.
It is, therefore, most humbly
prayed that Your Lordships may
graciously be pleased to:
a) Condone the delay of
approximately 47 days, in filing
the accompanying appeal against
the impugned order dated
12.12.2024 passed by the Ld.
District Consumer Disputes
Redressal Commission, East
Champaran, Motihari, in
Consumer Complaint Case No.
171/2018;
b) Admit the accompanying
appeal for hearing on its merits;
c) Pass such other orders or orders
as this Hon’ble Commission may
deem fit and proper in the facts
and circumstances of the case.
And for this act of kindness, your
humble Appellant, as in duty
bound, shall ever pray.
Affidavit

I, Rajan Kumar, aged about 32 years, S/o Mansha Prasad, R/o Village
Hiramani, P.O. Mathiyavrit, Block + P.S- Chauradano, District- East
Champaran, Bihar - 845302, do hereby solemnly affirm and declare as
follows:
1)​ That I am the Appellant in the above matter and fully acquainted
with the facts and circumstances of the case.
2)​ That I have read and understood the contents of the foregoing
petition for condonation of delay, and the statements therein are
true to my knowledge and belief, based on records, medical
documents, and legal advice.
3)​ That the delay in filing the appeal was caused solely due to my ill
health, and not due to any negligence or mala fide intent.
4)​ That the annexures are true copies of their respective originals.
That no similar petition for condonation of delay has been filed
before this Hon’ble Commission or any other forum in respect of
the impugned order.

Rajan Kumar
Verification:​
I, Rajan Kumar, verify that the contents of paragraphs 1 to 4 of this
affidavit are true to my knowledge and belief. No part of it is false, and
nothing material has been concealed therefrom.

Rajan Kumar​

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