NCDRC

NCDRC

RP/3915/2011

ANITA MITTAL - Complainant(s)

Versus

BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. & ORS. - Opp.Party(s)

M/S. O.P. GUPTA & CO.

06 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3915 OF 2011
 
(Against the Order dated 19/08/2011 in Appeal No. 106/2011 of the State Commission Punjab)
1. ANITA MITTAL
W/o. Sh. Kewal Rattan Mittal, R/o. Shri Krishna Guest House, Amritsar Road, Batala,
Gurdaspur
Punjab
...........Petitioner(s)
Versus 
1. BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. & ORS.
Through its Brabch Manager, 107, First floor, Jalandhar Road , Near Johalal Hospital
Batala
Punjab
2. Bajaj Allianz Life Insurence Co Ltd..,
through its general Manager , EG Plaza Airport Road, Yerawad
Pune
Maharastra
3. Medicare TPA Service (I) Pvt ltd..,
through its Manager, 6 Bishop lefreo Road
Kolkata
West bangal
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Nitin Garg, Advocate
For the Respondent :MR. ASHU BHATIA

Dated : 06 Jul 2012
ORDER

Challenge in these proceedings is to the order dated 19.08.2011 passed by Punjab State Consumer Disputes Redressal Commission (for short he State Commission in MA No. 174/2011 in Appeal No. 106/2011 by which order the State Commission has dismissed the application moved by the appellant seeking condonation of delay in filing the appeal. 2. We have heard learned counsel for the petitioner and respondent no. 1 & 2 and have considered their respective submissions. Counsel for the petitioner submits that it was owing to his own fault / reasons that the delay in filing the appeal was caused. The reason stated was that the counsel was constructing a new house and in the process misplaced the brief and the delay occasioned. An affidavit to the said effect has also been filed. In our view, going by those circumstances, the State Commission ought to have been more liberal and considerate in allowing the application for condonation of delay and considered the appeal on merits. 3. In the result, we allow the petition and set aside the impugned order subject to cost of Rs.5,000/- to be deposited by means of a demand draft in favour of the onsumer Legal Aid Accountof this Commission within four weeks. The appeal is remitted back to the Board of the State Commission for deciding the same on merits. Parties are directed to appear before the State Commission on 14.08.2012 for further directions.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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