Assam

StateCommission

MA/42/2012

Sri Pinku Agarwal - Complainant(s)

Versus

Branch Manager, United India Insurance Co. Ltd. - Opp.Party(s)

Mr. A. Nath

05 Mar 2013

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Miscellaneous Application No. MA/42/2012
In
First Appeal No. A/7/2013
 
1. Sri Pinku Agarwal
S/o Late Prem Agarwal, Jyotish Road, Tezpur Town, P.O. & P. S.-Tezpur, District- Sonitpur, Assam
...........Appellant(s)
Versus
1. Branch Manager, United India Insurance Co. Ltd.
Tezpur Branch, M. C. Road, Pin-784001
...........Respondent(s)
 
BEFORE: 
 
For the Appellant:
For the Respondent:
ORDER

  Heard Mr. A. Todi, learned counsel appearing for the petitioner in the Misc case for condonation of delay. Notices were issued to the respondents by registered post and the notice upon the  respondent no. 2 has been duly served and A/D card issued to respondent no. 1 has not returned and this was duly recorded in the order dated 15/06/2012. As the A/D card issued to respondent no. 1 has not returned, we have directed the petitioner to obtain a certificate from the postal authority as to whether the notice issued from the Commission has already been delivered to the respondent no. 1 or not. A certificate issued by the postal authority, Guwahati, dated 27/02/2013 is submitted by Mr. A. Todi in which the postal authority has certified that the notice has been delivered to respondent no. 1 on 23/05/2012 and this letter shall form part of record. Inspite of notice, none appears on behalf of respondent no. 1.

       This is an application for condonation of delay of 162 days in filing the connected appeal. We have gone through the explanation given by the petitioner and we are satisfied with the explanation given in para 5 and 6 of the petition that the petitioner was prevented from filing the connected appeal in time. In view of the above, the delay of 162 is hereby condoned and the Misc case stands disposed. In view of disposal of the Misc case, Registry is directed to allot a number to the pending appeal and the same shall be listed for admission on 14/05/2013.

 

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