BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, PANCHKULA, HARYANA

FIRST APPEAL NO. OF 2022

IA NO. OF 2022

IN THE MATTER OF

AMO MOBILITY …………APPELLANT

VERSUS

SAT NARAYAN …………. RESPONDENT

APPLICATION FOR CONDONATION OF DELAY IN FILING THE

APPEAL

1. That this appeal under Section 41 of the Consumer Protection Act, 2019 has

been preferred against the order dated 25.03.2022 of the learned District

Consumer Dispute Redressal Forum Panipat in the Complaint Case No.

CC/21/2021. That the contents of the said appeal are not repeated again for

the sake of brevity.

2. That the impugned order was passed on 25.03.2022 ex parte and the copy of

the same was not received by the appellant-applicant. Moreover the

appellant learned about the impugned order while conducting online search.

The appellant immediately applied for the certified copy of the judgment but

the same was received only on 28.04.2022.

3. That on the date of hearing i.e. 25.03.2022 during the third COVID wave the

AR of the Appellant was contracted with COVID-19 virus and was suffering

from high fever. The Counsel for the Appelant Mr. Naveen Kumar also had

symptoms of COVID during the same period and hence was unable to

appear before the Ld. District Consumer Disputes Redressal Commission,

Panipat
4. That the delay in filing in filing the instant appeal if computed from the date

of order is 20 days.

5. That in SUO MOTO WRIT PETITION (C) NO. 3/2020 IN RE

COGNIZANCE FOR EXTENSION OF LIMITATION, the Hon’ble

Supreme Court of India has been pleased to extend limitation where the

same has expired, vide order dated 23 rd March, 2020. Relevant portion of the

order is being pasted below for the convenience of this Hon’ble court:-

“This Court has taken Suo Motu cognizance of the situation arising
out of the challenge faced by the country on account of Covid-19
Virus and resultant difficulties that may be faced by litigants across
the country in filing their petitions/applications/suits/ appeals/all
other proceedings within the period of limitation prescribed under the
general law of limitation or under Special Laws (both Central and/or
State). To obviate such difficulties and to ensure that lawyers/litigants
do not have to come physically to file such 2 proceedings in respective
Courts/Tribunals across the country including this Court, it is hereby
ordered that a period of limitation in all such proceedings,
irrespective of the limitation prescribed under the general law or
Special Laws whether condonable or not shall stand extended w.e.f.
15th March 2020 till further order/s to be passed by this Court in
present proceedings.”

6. That recently as well the Hon’ble Supreme Court vide its order in M.A. No.

21 of 2022 in SUO MOTO WRIT PETITION (C) NO. 3/2020 IN RE

COGNIZANCE FOR EXTENSION OF LIMITATION has directed that :

I. The order dated 23.03.2020 is restored and in continuation of

the subsequent orders dated 08.03.2021, 27.04.2021 and
23.09.2021, it is directed that the period from
15.03.2020 till 28.02.2022 shall stand excluded for the
purposes of limitation as may be prescribed under any general
or special laws in respect of all judicial or quasi judicial
proceedings
 II. Consequently, the balance period of limitation remaining as on
03.10.2021, if any, shall become available with effect from
01.03.2022. ….”
III. In cases where the limitation would have expired during the
period between 15.03.2020 till 28.02.2022,
notwithstanding the actual balance period of
limitation..remaining, all persons shall have a limitation period
of 90 days from 01.03.2022. In the event the actual
balance..period of limitation remaining, with effect from 01.03.
2022is greater than 90 days, that longer period shall apply.

The said order of Hon’ble Supreme Court is annexed herewith as

ANNEXURE.

7. That the delay if any caused in filing the appeal is due to extraordinary
circumstances of the pandemic due to which the life of each and every
human being has been affected.

8. That the delay in filing appeal was not intentional but due to extraordinary
circumstances and is liable to be condoned otherwise the appellant will
suffer irreparable loss and injury which cannot be compensated otherwise.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Forum may kindly
be pleased to:
1. Condone the delay of 20 days in filing Appeal against the order dated
25.03.2022 of the Learned District Consumer Dispute Redressal Forum
Panipat in the Complaint Case No. CC/21/301 and

2. Pass any other order(s) or directions as this Hon’ble Court may deem fit
and proper under the facts and circumstances of the case.

APPLICANT
THROUGH

COUNSELS

BHRIGU AGNIHOTRI,
RAJIV RANJAN PRASAD& ANKIT KUMAR,
ADVOCATES
 H.NO. 35, SILVER CITY MAIN,
ZIRAKPUR (MOHALI) – 14060
advocaterajivranjan@gmail.com

New Delhi
Date:
 BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, PANCHKULA, HARYANA

FIRST APPEAL NO. OF 2022

IA OF 2022

IN THE MATTER OF

AMO MOBILITY …………APPELLANT

VERSUS

SAT NARAYAN …………. RESPONDENT

AFFIDAVIT

I, Sandeep Agrahari son of ______________________ aged about ___ yrs is the

authorized representative of AMO MOBILITY SOLUTIONS PVT LTD having
office at E 12, BLOCK E Sector 63, Noida, U.P. do hereby solemnly state, affirm
and declare as under:

1. That I am the authorised representative of appellant-applicant in the present

case duly authorised by board resolution and as such I am well conversant

with the facts and circumstances of the present matter and competent to

swear this affidavit.

2. That the accompanying application is drafted by my counsel on my

instruction and the contents of the same has been read over to me and the

same are true and correct to the best of my knowledge and belief the content

of the same may be treated as part and parcel of this affidavit as the same are

not be in repeated herein for the sake of brevity.

DEPONENT
VEREFICATION:-
Verified at Delhi on this Day of 2022, that the content of my above

affidavit are true and correct to the best of my knowledge and nothing has been

concealed thereform.

DEPONENT
 BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, PANCHKULA, HARYANA

FIRST APPEAL NO. OF 2022

IA OF 2022

IN THE MATTER OF

AMO MOBILITY …………APPELLANT

VERSUS

SAT NARAYAN …………. RESPONDENT

INDEX

S NO PARTICULARS PG NO
1. APPLICATION SEEKING CONDONATION OF
DELAY IN FILING THE APPEAL

Filed by:

APPLICANT

THROUGH

COUNSEL

BHRIGU AGNIHOTRI,
RAJIV RANJAN PRASAD& ANKIT KUMAR,
ADVOCATES
H.NO. 35, SILVER CITY MAIN,
ZIRAKPUR (MOHALI) – 14060
advocaterajivranjan@gmail.com

New Delhi
Date: