NCDRC

NCDRC

RP/1138/2011

RELIANCE GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

BASANT KAUR - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

02 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1138 OF 2011
 
(Against the Order dated 22/11/2010 in Appeal No. 185/2009 of the State Commission Punjab)
1. RELIANCE GENERAL INSURANCE CO. LTD.
60, Okhla Industrial Estate, Phase-II
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. BASANT KAUR
R/o. Village Asmanpur, Tehisl Samana
Patiala
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Sameer Nandwani, Advocate
For the Respondent :NEMO

Dated : 02 May 2011
ORDER

          State Commission has dismissed the appeal as barred by limitation.  There was 168 days in filing the appeal, which was over and above the period of 30 days, which is statutorily given to an aggrieved party to file the Appeal.   Under the Consumer Protection Act, the District Forum is supposed to decide the complaint within a period of 90 days from the date of filing and, in case, some expert evidence is required to be led, then within 150 days.  Where the statute has permitted only 30 days for filing the Appeal, the delay, more than 5 times over the statutory period given for filing the Appeal, cannot be condoned until and unless some sufficient ground is shown.  State Commission has given detailed reasons in rejecting the application for condonation of delay.  Basic reason given by the petitioner for condonation of delay was that the file had been sent to Mumbai for getting the sanction from headquarter to file the appeal.  That after getting the sanction, the case was entrusted to a lawyer and thereafter, after some time, the appeal was filed. 

          We agree with the view taken by the State Commission that the delay could not be condoned on the reasons given by the petitioner.  Petitioner had also failed to explain the delay for each day.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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