NCDRC

NCDRC

RP/4136/2009

SHOBA PEER NAIK - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Opp.Party(s)

MR. MALLIKARJUN S. MYLAR

17 Mar 2010

ORDER

Date of Filing: 12 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4136/2009
(Against the Order dated 19/03/2009 in Appeal No. 2854/2008 of the State Commission Karnataka)
1. SHOBA PEER NAIKW/o. Earanna Pirnaik Bharati Vidya Niketan Station Road. Raichur ...........Appellant(s)

Vs.
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.Head office G.E. Plaza Airport Road. yerawad Poona-411006 By its Authorized Signatory. Senior Legal Executive ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. MALLIKARJUN S. MYLAR
For the Respondent :NEMO

Dated : 17 Mar 2010
ORDER

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This revision petition has been filed with a delay of 119 days which is over and above the statutory period of 90 days given for filing the revision petition.  Under the Consumer Protection Act, 1986 the consumer fora are required to decide the case in a summary manner within 90 days of its filing where no evidence is required to be


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taken and within 150 days where the evidence is required to be taken.  In the present case, the delay of 119 days over and above the statutory period given for filing the revision petition cannot be condoned without showing sufficient cause.  We are not satisfied  with the cause shown.  Application for condonation of delay is dismissed. 

Otherwise also, we have considered the revision on merits.   The petitioner, who had got the Health Guard Policy from the respondent, got herself operated for removal of her cyst.  The State Commission has set aside the order of the District Forum and held that the operation relating to the cyst is excluded under the policy.

We have gone through the Exclusion Clause and agree with the view taken by the State Commission.  Dismissed on merits as well.  No costs.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER