Haryana

StateCommission

CC/119/2015

BIDAMI - Complainant(s)

Versus

BIRLA SUN LIFE INSURANCE CO. - Opp.Party(s)

SANDEEP GOYAT

10 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                  Compliant No.119 of 2015

Date of Institution: 14.07.2015

                                                               Date of Decision: 10.03.2017

 

Bidami W/o Sh. Hari Ram Khichar, R/o village Dhani Lakhpur, Tehsil Adampur,District Hisar, Haryana.

…..Appellant

Versus

 

1. The Manager, Birla Sun Life Insurance Company ltd. SCO 149-151, Ist Flr, Red Square Market, Hisar, District Hisar.
2. The Chief Managing Director, Birla Sun Life Insurance Company Ltd. G. Corp Tech Park, 5^th and 6^th Flor, Kasar Wadavali, Ghodbunder Road, Thane-400601.

                                      ….. Respondents

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:               Shri Sandeep Goyat, Advocate for appellant.

Shri S.C.Thatai, Advocate for the respondent.

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:

          This complaint is filed by complainant on 14.07.2015 for compensation to the tune of Rs.25,00,000/- alongwith the interest @ 18%.  Alongwith the complaint  she  has filed an application for condonation of delay of 560 days.  It is alleged in the application that she engaged Sh.Vikram Sheoran Advocate in the month of September (Year not mentioned) in connection of this matter, but, he told that complaint was  to be filed beore State Commission because claim was more than Rs.20/- lacs .  It was told by him that he could engage some good counsel at Panchkula.  Her signatures were also obtained on power of attorney and other documents by local counsel (Name not mentioned).  She also paid necessary fund at that time. That counsel did not send power of attorney and other documents to Sh.Vikram Sheoran, Advocate. Though  complaint was prepared in the month of September 2012, but, could not be filed for want of all these documents etc. After getting back documents from Mr.Vikram Sheoran she engaged present counsel  and filed this complaint, so delay is not intentional and the same may be condoned.

2.      Learned counsel for complainant vehemently argued that she handed over necessary funds, power of attorney  and documents to the counsel, but, he did not file the same. After receiving back documents from Mr.Vikram Sheoran, she engaged present counsel and filed the complaint. It shows that delay was not due to  her fault, rather it was due to fault of counsel, so the same be condoned.       In support of his arguments he placed reliance upon the opinion of Hon’ble Supreme Court expressed in State of Jharkhand and ors. Vs.Ashok Kumar Chokhani and ors. 2009 AIR (SC) 1927, opinion of Hon’ble Punjab and Haryana High Court expressed in Mrs. Saroj and others Vs.Sh.Baljeet Singh and another 2010 (3) R.C.R. (Civil) 929.

3.      This argument is of no avail.   Complainant has no-where mentioned the name of the counsel engaged by her or to whom she paid necessary funds and handed over the documents given to Sh.Vikram Sheoran.  Her plea is vague and indefinite.  It is also not alleged that whether she filed complained against that counsel with bar council or concerned bar or not. Had she engaged him she must have approached the said authorities to take necessary action against that counsel. In these circumstances it cannot be presumed that delay was due to act and conduct of counsel and not her. So, such like inordinate delay cannot be condoned. Complainant cannot derive any benefit from cited case laws because in those cases the delay was well explained and there were reasonable grounds to condone delay which are missing in the present case.  Resultantly application filed for condonation delay is dismissed and complaint is also dismissed as time barred.

 

March 10th, 2017        Urvashi Agnihotri                                R.K.Bishnoi,                                                               Member                                              Judicial Member        

                                    Addl. Bench                                          Addl. Bench.

S.K.