CONDONATION OF DELAY Application Sample before Judicial Couirt


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 Plea Sample showing an effigy with a beam balance and a strip on eyes in blue color

* 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
_______________,
_______________
____________________ - _________
Email: ____@____.com|| Contact No.: 91- __________









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

Application for condonation of delay before the court infographics
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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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