Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

There is delay of 139 days in filing appeal.  In support of condonation of delay, Insurance Company has filed delay condonation application and affidavit in support thereof.  In the condonation of delay application, they have given a chart at page-2&3 as to how the delay occurred to file this appeal belatedly.  We are not convinced with sufficiency of the grounds mentioned in delay condonation application.  Delay is monumental.  Delay is very large and cannot be condoned so lightly.  Giving sequence of events is not sufficient to condone the delay.  By now, every Insurance Company must know that period for filing appeal against the order passed by the District Consumer Disputes Redressal Forum is 30 days and within those 30 days their file must move from one desk to another desk and seek approval of the higher authority and then to file consumer appeal within period of 30 days.  Had there been few day's delay, we would have condoned, but delay of 139 days is very much on higher side and Insurance Company having expert lawyers on their Panel besides their own inbuilt legal department cannot be heard to say that there has been so much delay in filing appeal.  Delay is not at all justifiably explained.  Therefore, we pass the following order :-

               -: ORDER :-

1.       Application for condonation of delay is rejected.

2.       Consequently, appeal does not survive for consideration.

3.       Amount deposited by the Insurance Company in the appeal for obtaining stay shall be directly paid to the respondent/org. complainant towards part satisfaction of the award.

4.       Prayer of Advocate Mr.Nikhil Mehta to stay operation of this order for two weeks stands rejected.

5.       Copies of the order be furnished to the parties.