NCDRC

NCDRC

FA/393/2016

SAGE METALS LIMITED - Complainant(s)

Versus

DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD. - Opp.Party(s)

MR. SUDHIR GUPTA, MR. TRIVEDI PRAFULLA & S.C. AGARWAL

10 Jan 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 393 OF 2016
 
(Against the Order dated 16/03/2016 in Complaint No. 179/2016 of the State Commission Delhi)
1. SAGE METALS LIMITED
346, FUNCTIONAL INDUSTRIAL ESTATE, PATPARGANJ,
DELHI-110092
...........Appellant(s)
Versus 
1. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD.
THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE NO. 23, 2/13-14, SARAI JULLENA,
NEW DELHI-1100025
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Appellant :
Mr.Santosh Tiwari, Advocate
For the Respondent :
Mr.Pradeep Gaur, Advocate

Dated : 10 Jan 2023
ORDER

The present Appeal has been filed against the order dated 16.03.2016 of the complainant where his complaint no. 179 of 2016 has been dismissed on the ground of delay in filing the complaint.

2.      It is contended on behalf of the complainant Appellant that while dismissing the Appeal and refusing the condonation of delay, the State Commission has failed to take into account the contention of the complainant in para 3 of the application under Section 5 of the Limitation

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Act seeking condonation of delay wherein the complainant has clearly stated that his counsel had fallen sick and remained bed ridden for 3-4  months and, therefore, could not file the complaint.   It is also contended that State Commission has also failed to take into account the fact that Addendum report had been issued by the surveyor which is dated 05.08.2013 and, therefore, impugned order is liable to be set aside and it suffers with illegality, infirmity and perversity. 

3.      It is argued on behalf of the respondent that there is no illegality or infirmity in the impugned order since no reasonable grounds have been shown by the complainant while seeking condonation of delay.  It is further submitted that his counsel fell sick and remained confined to bed for 3-4 months but neither any specific date had been given on which he had fallen sick nor any document had been produced by the complainant before the State Commission.  It is submitted that State Commission had rightly rejected the complaint which was filed after a delay of 228 days.  It is submitted that even if we count period of limitation from the date of Addendum, it is  still barred by limitation.  It is submitted that Appeal has no merit and is liable to be dismissed.

4.      I have heard the arguments and perused the record.  Admittedly, the claim of the complainant was repudiated on 03.07.2013 and the complaint had been filed on 23.02.2016 i.e. after delay of 228 days.  It is

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also admitted that in support of the contention that his counsel had fallen sick and remained bed ridden, complainant had not filed any document before the State Commission to substantiate its contention. Certain medical documents had been filed before me in this Appeal and this pertains to the period November-January 2016 and it is clear that by that date, period of limitation had already expired.  Besides that, no other reason seeking condonation of delay had been mentioned by the complainant.  Complainant had also stated that he had been exchanging emails with the respondent i.e. the insurance company but this does not give rise to fresh cause of action as stated by the Hon’ble Supreme Court in the case of M/s Geo Miller & Co. Pvt. Ltd. Vs. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. AIR 2019 SC 4244, wherein Hon’ble Supreme Court has held as under:

“8.     xxx xxx   xxx

“Mere correspondence of the appellant by way of writing letters / reminders to the respondent subsequent to this date would not extend the time of limitation.”

xxx    xxx  xxx”

 

5.      I find no illegality, infirmity in the impugned order. The Appeal has no merit and same is dismissed with no order as to costs.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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