23.08.2023

ORDER ON ADMISSION

Mr. RAVISHANKAR, JUDICIAL MEMBER

The Appellant/Universal Sompo General Insurance Company Limited has preferred these appeals Nos.1384/2023 to 1395/2023 being aggrieved by the order passed by the District Consumer Disputes Redressal Commission, Chamarajanagar and prays to allow the appeals and set aside the order passed by the District Commission.

2. The office has noted that, there is a delay of 516, 531 and 393 days respectively in preferring the appeals and appellant sworn affidavit that upon receipt of the impugned order, the appellant was in process of collecting the relevant documents and the records were not readily accessible by the appellant. The appellant has now collected all the relevant records which are necessary for determining the issues forming the subject matter of the present appeals. Hence the appellant could not file this appeals in time. The said delay is not intentional, but for bonafide reasons, hence prayed to condone the delay in filing the appeals.

3. On perusal of the affidavit sworn by the appellant, the grounds urged for non-filing of the appeals well within time is not satisfactory. The appellant has not established before this Commission that, the appeal is filed belatedly due to unavoidable circumstances. Mere process for collecting documents and framing issues for determination are not the valid grounds to condone the delay.  If at all the appellant decides to prefer an appeal, he shall file an appeal within 45 days as contemplated in the Consumer Protection Act.  The reasons assigned in the affidavit are not reasonable/ satisfactory and the delay is fatal to the appeal. 

4. In view of the decision rendered by the Hon’ble National Consumer Disputes Redressal Commission reported in 2018 (2) CPR 507 (NC)-the matter between M/s TDI Infrastructure Ltd., v/s Kulvinder Singh Bahl, the appeal can be dismissed on the point of delay alone.  Accordingly, the appeal deserves to be dismissed on the point of enormous delay. Hence, we proceed to pass the following:-

O R D E R

The delay applications are hereby dismissed.Consequently, the appeals are also dismissed.No order as to costs.

The amount in deposit shall be transmitted to the concerned District Commission to disburse the same to the complainant.

Send a copy of this order to both parties as well as Concerned District Commission.

Member                                                    Judicial Member

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