Goa

StateCommission

RP/5/2014

Iffco-Tokio General Insurance Co. Ltd. - Complainant(s)

Versus

Dr. Rajan Suresh Gaonkar & another - Opp.Party(s)

Laxmikant S. Salkar

13 Jun 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Revision Petition No. RP/5/2014
(Arisen out of Order Dated 11/03/2014 in Case No. CC/26/2013 of District South Goa)
 
1. Iffco-Tokio General Insurance Co. Ltd.
IFFCO SADAN,C1, District Centre, Saket, New Delhi-110017
...........Appellant(s)
Versus
1. Dr. Rajan Suresh Gaonkar & another
R/o Flat No. S-3, Block A, Grace Emerald Plaza, Vaddie, Benaulim, Salcete,Goa
South
Goa
2. Auto Industries Goa Pvt. Ltd.
Opposite Goa Bottling Arlem, V N Naik Road, Fatorda
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Petitioner:
For the Respondent:
ORDER

In rejecting the application the Lr. District Forum has observed that the legislative intent is to give maximum of 45 days for filing the written version and this mandate is required to be strictly adhered to. The Lr. District Forum has also observed that considering OP No. 2 was duly served on 11/07/2013 the period of 30 days ended on 10/08/2013 and the written version was required to be filed on 12/08/2013 the previous 2 days being Saturday and Sunday respectively. In case of extended period it had to be filed by 26/08/2013 but was filed only on 13/09/2013, 19 days later. The Lr. District Forum also held that the reason set out of "human error" does not constitute sufficient cause.

In our view, the conclusion arrived at by the Lr. District Forum on both counts cannot be faulted. This Commission has again held in R.P. No. 03/2014 filed by Sony India Pvt. ltd. by Order dated 11/04/2014 that the delay of more than 45 days cannot be condoned by the District Forum, in view of the law declared by a later decision of the Apex Court ( in Fairgrowth Investments Ltd., 2004(II) SCC 472) followed by the National Commission and also by this Commission and it is this law which is to be followed till such time the law is reconsidered by a larger Bench of the Apex Court where the matter is now pending.

We therefore proceed to dismiss this revision at the admission stage as no purpose would be served by issuing notice to the respondents.

Revision application is dismissed.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.