NCDRC

NCDRC

FA/314/2013

M/S. EDEN COLD STORAGE PVT. LTD. - Complainant(s)

Versus

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. & 3 ORS. - Opp.Party(s)

MR. PRAVIR CHOWDHURY & MS. BABITA SANT

06 May 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 314 OF 2013
 
(Against the Order dated 22/11/2012 in Complaint No. 3/2007 of the State Commission Assam)
1. M/S. EDEN COLD STORAGE PVT. LTD.
Represented by Sri Abhijit Saikia,Technical Director, NH No.37, Opposite Kamrup Weigh Bridge Khanapara,
Guwahati-781022
Assam
...........Appellant(s)
Versus 
1. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. & 3 ORS.
having its Regd. Office at Dare House, 2nd Floor, 234, NSC Bose Road,
Chennai-600001
Tamil Nadu
2. THE REGIONAL OFFICE,
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., CHHABILDAS TOWERS, 3RD FLOOR, 6A MIDDLETON STREET,
KOLKATA-700071
WEST BENGAL
3. THE MANAGER CLAIMS,
M/S. CHOLAMANDALAM MS. GENERAL INSURANCE COMPANY LTD., C/O- INDUSIND BANK, GS ROAD, BHANGARAGH,
GUWAHATI-7
ASSAM
4. SRI SHISHIR KUMAR GOSWAMI
SURVEYOR LOSS ASSESSOR, NEAR UGRATHALA DEWALAYA, 30 LAMB ROAD, UZAN BAZAR,
GUWAHATI-01
ASSAM
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER

For the Appellant :
Mr. Pravir Chowdhary, advocate
For the Respondent :NEMO

Dated : 06 May 2013
ORDER

This first appeal has been filed with a delay of 115 days. In their application seeking condonation of delay, it has been stated that the delay occurred because these litigations were being supervised by the applicant father, who wanted to take opinion regarding the future course of action from a local advocate and could not do so as advocate had to go out of Guwahati for some professional work in November, 2012 and returned on 08-12-2012. Further, on 10-12-2012 applicant mother fell seriously ill and therefore, his father could not discuss the case with the advocate, who also erroneously informed him that the period for filing the case is generally 90 days. On 24-04-2012 his father also passed away and the family was busy in completing various ceremonies. Hence the delay. Learned counsel for the appellant, who was present today reiterated the submissions made in the condonation application and stated that the reasons for it, being bonafide and justified, the delay may be condoned. Honle Supreme Court in a recent judgment in Anshul Aggarwal Vs. New Okhla Industrial Development Authority [IV (2011) CPJ 63 (SC)] has observed as under:-- t is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer foras. Under Section 15 of the Consumer Protection Act, 1986, the appeals have to be filed within a period of 30 days and thereafter the cases are required to be decided in a summary manner, within the time frame of 90 days from the date of filing, in case no expert evidence is required to be taken and, within 150 days, whenever expert evidence is required to be taken. In the instant case, the reasons for delay in filing the appeal have not been satisfactorily explained. In view of this fact and since the delay is almost four times over and above the prescribed period for filing the appeal and also respectfully following the judgment of the Honle Supreme Court in Anshul Aggarwal (supra), the present appeal stands dismissed.

 
......................
VINEETA RAI
PRESIDING MEMBER

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