CONDONATION OF DELAY PETITION PLEA SAMPLE DRAFT
BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,
NEW DELHI
Miscellaneous Petition No. 257 / 2007
Arising out of the Order of Hon'ble Commission,
in Original Case No. CC/____/20__ registered dated __/__/20__, order reserved
on __.__.____, pronounced on __.__.20__
A petition under sec. 22(2) of the Consumer Protection Act
and
In the
matter of:
___________
S/o Mr. _____________
R/o ______________
___________________
____________________
____________________
... Complainant
Vs.
________ Vidyut Vitran Nigam Limited
Through
its Director/Manager
With its
Registered Office at Office _____
(TEMP
SDO), ________
___________ ...
Opposite Party
* Condonation of Delay Sample Plea under analysis
To
The Consumer Disputes Redressal Commission
New Delhi, INDIA
Dear Sir,
The residential house in question where electricity
connection was severed illegally on __/__/20__ and atrocities committed by the
accused ___________ Vidyut Nigam limited for which I am filing consumer
dispute, it is hereby prayed before this esteemed commission to accept my plea
for condonation of delay on the following grounds, but not only to limited to
them:-
1. In the absence of electricity at my residence at the
time the entire family's life got disturbed for which it was not easy to
immediately file dispute at this commission and locally available means were
resorted to, and it is obvious that without electricity it is almost impossible
to fully discharge all duties in the current world in a metro city hence plea
is worthy of admission as prayed for.
2. The matter of dispute fully got established on __/__/____
when illegal charges were recovered after all and then only reconnection was made
and the illegal act was established by also charging reconnection fees as if
fault was of the consumer only and could be made good by consumer only, despite
the fact that the consumer can only plead for and cannot sit on the seat and
perform the requisite. In other words the entire episode of dispute lasted from
__/__/20__ to __/__/____, and from this date of __/__/____ not yet 2 years
have passed.
3. Police also relying upon the errant accused staffers
considers this act as legal that no bills and notice are required to be served
and the electricity department can unilaterally sever the connection as soon as
second bill becomes due. The proceedings have to be carried on further hence
respite in the form of genuine compensation is the need else consumer loses
faith in the system and accept the atrocities against consumer as destiny and
fact of life, despite against law but fully abiding as law itself which is
extraordinarily grave situation.
4. The damages caused are such that could not be over
looked as regards consumer rights and the gravity of the mater calls forth
liberalized and pragmatic approach towards the atrocities against the consumer
in such a mater as regards household electricity in a metro town.
On the basis of the overall scenario as well as the
aforementioned points it is the need of the hour to allow this petition and is
being prayed for.
Yours faithfully,
_______________
Petitioner-in-person
_______________,
_______________
____________________ - _________
INDEX
Sr.
No. Particulars
Page Nos.
I
PERORMA FOR FILING
CONSUMER COMPLAINTS
II
LIST OF
DATES
1-2
III
COMPLAINT (NOTARIZED)
1-5
IV
MEMO OF
PARTIES
1-2
V
PLEA FOR CONDONATION OF
DELAY
1-2
VI
ANNEXURES
1-50
i
Copy of ID card of Darshan Mohan as
Advocate
1
ii
15 days notice example in Karnataka state as published in newspaper
2-3
iii
___________ Vidyut Nigam bill payment
receipts
4-5
iv
Reconnection charges payment
receipt
6
v
Latest bill before
re-connection
7
vi
Copy of petition for re-connection with the accused
entity
8
vi Copy
of disconnection slip without consumer receiving with English
translation 9-10
vii
Complaint petition to the District
Magistrate
11-12
viii
Email receipt of online helpline consumer complaint with the
Union
Ministry of Consumer
Affairs
13
ix
Complaint with PMO and English translation of the
response
14-15
x
Response of the accused regarding complaint of illegal
disconnection 16-21
xi
Admission and discharge certificates of the victim dweller in house
22-24
x
Petition for FIR against the accused with police response(Dated 03/01/18)
25-34
xi
Extract of rules of electricity disconnection of the accused
itself
35-36
xii
Copies revealing anomalies by the accused entity or
opponent
37-43
xiii
Copy of existence of IT business entities registered at the
address
44-50
ANNEXURE
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Condonation of Delay FAQ
Q1. What is condonation of delay?
Ans. Condonation of
delay is a process where the judicial court condones the delay which has been
caused over and above the norms and accepts the petition.
For the condonation
process that the court may follow the petitioner has to make a formal request
via filing a condonation application or petition which is generally filed with
the main petition.
The court may or may not
condone the delay. On many occasions the Supreme Court has cited that
authorities like NCDRC are not condoning even marginal delays.
Q 2. What are the charges to file condonation of delay?
Ans. Generally there are no extra charges for condonation of
delay application.
However:
- There may paper charges for acceptance at the registry, as the
number of papers increase so does the filing charge.
- There may me paper charges and like stamp paper charges.
- The oath commissioner takes their charge for it which is separate
than the main petition.
- Similarly, lawyer may charge nominally or negligibly.
This way the cost of filing condonation of delay application
are negligible.
Q3. Is it binding on the
court to accept and condone the delay on application?
Ans. No, it is not
binding on the court. It is dependant on the court whether to condone the delay
or not depending on the circumstances and as it deems fit on their basis. Thus, if you file condonation application it does not mean it will be granted.
Q4. How to get a delay
condoned by a court?
Ans. You need to present
your case properly and give valid reasons as to why the delay should be
condoned. A learned lawyer is always able to create such presentation. Above
that, a lawyer who has good is always able to
get through.
Q 5. Can court impose penalty if I
make delayed filing and seek condonation of delay?
Ans. Court can do anything regarding
this. Courts conduct is before all and we are seeing court impose penalties on
petitioners every now and then. Courts may impose penalties and this is what
hampers petitions and justice. but court must have their own rationality.
References:
Tags: #Condonation of delay application, #Condonation of delay petition, #Condonation of delay before the court, #Condonation of delay before the Supreme Court, #Condonation of delay before High Court
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