NCDRC

NCDRC

FA/1013/2023

RAJESH RAMBHAROSE AGARWAL - Complainant(s)

Versus

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

DR. R.G. DWIVEDI, MR. A.R. DWIVEDI & MR. SARTHAK DUBEY

19 Aug 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1013 OF 2023
(Against the Order dated 24/02/2021 in Complaint No. CC/14/21 of the State Commission Gujarat)
1. RAJESH RAMBHAROSE AGARWAL
R/O 23, SOHAM BUNGALOWS-1 OPP. SHOBHNA NAGAR, B/H PALM VIEW, VASNA ROAD, VADODARA-390007,GUJARAT
...........Appellant(s)
Versus 
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR.
4TH FLOOR, TURQUOISE NR. PANCHVATI CIRCLE, C.G. ROAD' ELLIS BRIDGE, AHMEDABAD-380006,AHMADABAD, GUJARAT
2. M/S PERSOLI MOTOR WORKS PVT. LTD.
GROUND FLOOR, PRESIDENT PLAZA, OPP. MUKTIDHAM DERASAR, NR. THALTEJ CIRCLE, S.G. ROAD, AHMEDABAD-380054, GUJARAT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT
 HON'BLE DR. INDER JIT SINGH,MEMBER

FOR THE APPELLANT :
NONE
FOR THE RESPONDENT :
MR. AMIT KUMAR MAIHAN, ADVOCATE FOR R-1
NONE FOR R-2

Dated : 19 August 2024
ORDER

The complaint regarding an insurance claim alleging deficiency was filed and was partly allowed directing the payment of compensation to the tune of Rs.10,13,760/- together with 9% interest thereon and in addition thereto Rs.25,000/- as costs. On failure of compliance an additional costs of Rs.5,000/- was also imposed. The said order dated 24.02.2021 has been assailed in this appeal where IA/13896/2023 has been moved praying for condoning the 509 days of delay in the filing of the appeal. However, when the appeal was presented, the office has reported a delay of 930 days.

Learned counsel for the appellant had been called upon to file an appropriate affidavit for explaining the said delay.

The complainant seems to have also file review application no. 21 of 2021 that was rejected on 17.05.2023.

Today no one is present on behalf of the appellant to press the delay condonation application nor any rejoinder to the objection taken by the first respondent has been filed. Mr. Amit Kumar Maihan, learned counsel for the first respondent is present. Consequently, IA/13896/2023 and IA/13897/2023 are dismissed for want of prosecution and accordingly the appeal also stands consigned for the same reason. 

 
.........................J
A. P. SAHI
PRESIDENT
 
 
................................................
DR. INDER JIT SINGH
MEMBER

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