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Medicolegal case in NCDRC wants to file condonation
31-Oct-2023 (In Consumer Court Law)
Judgement was given on 27/4/17 by state commission.I received first free certified copy by post on 15/5/17 by post(tracker report proof).I filed appeal in NCDRC on 13/6/17.Hearing date for appeal was 21/7/17.Last defect cured was on 17/7/17.Do i need to request for condonation. If yes, for how many days.The opposite party raised objection that condonation was not requested.Judge gave next date after getting report from state comission. Can we file condonation on next hearing.
Dear Querist,
As it can clearly be seen from your query, your appeal is barred by limitation by a period 1 month and 2 days (i.e. from date of receipt of first certified copy on 15/05/2017), U/s 19 of the Consumer Act, 1986. In this regard it is necessary to file an application for condonation of delay and explain each days delay. In the absence of the same the Commission may dismiss your appeal as time barred. You may definitely ask the Commission for leave to file the application for condoning the delay on the next date of hearing and once the same is granted the Commission may or may not condone the same, depending upon the strength of your condonation application. Though usually a delay of over a month or so is not considered very hard to condone.
Additionally I would advise you to get an application prepared and file the same urgently before the next date itself with advanced copy to the O.P.
Thanks
Shantanu Awasthi
As it can clearly be seen from your query, your appeal is barred by limitation by a period 1 month and 2 days (i.e. from date of receipt of first certified copy on 15/05/2017), U/s 19 of the Consumer Act, 1986. In this regard it is necessary to file an application for condonation of delay and explain each days delay. In the absence of the same the Commission may dismiss your appeal as time barred. You may definitely ask the Commission for leave to file the application for condoning the delay on the next date of hearing and once the same is granted the Commission may or may not condone the same, depending upon the strength of your condonation application. Though usually a delay of over a month or so is not considered very hard to condone.
Additionally I would advise you to get an application prepared and file the same urgently before the next date itself with advanced copy to the O.P.
Thanks
Shantanu Awasthi
Helpful?
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Adv. Shantanu Awasthi
Delhi | 25+ Answers
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Hi, you are suggested to file the application for condonation of delay before the next hearing, so that the application comes up for hearing on date. If proper and justified reasons are being cited in the petition, the delay may be condoned.
Helpful?
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Adv. Ganesh Singh
Delhi | 500+ Answers
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