NCDRC

NCDRC

RP/2395/2010

JOY NARAYAN SARMA - Complainant(s)

Versus

HONSHA GAS AGENCY & ORS. - Opp.Party(s)

MR. ASHWANI K. DUBEY

19 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2395 OF 2010
 
(Against the Order dated 15/05/2010 in Appeal No. 7/2009 of the State Commission Assam)
1. JOY NARAYAN SARMA
R/o. Kachari Basti, Narkasur Hill, Dispur
Guwahati
Assam
...........Petitioner(s)
Versus 
1. HONSHA GAS AGENCY & ORS.
Kachari Basti, Guwahati-7
Kamrup
Assam
2. THE DEPUTY COMMISSIONER
Kamrup
Guwahati
Assam
3. THE INDIAN OIL CORPORATION LTD.
Noonmati
Guwahati
Assam
4. NATIONAL INSURANCE CO. LTD.
Bhangagarh
Guwahati
Assam
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :MR. ASHWANI K. DUBEY
For the Respondent :
Mr. Manish Goswami, Advocate for no.1
Ms. Mala Narayan, Advocate with
Mr. Rahul Narayan and Mr. Shiv Shankar,
Advocates for No.3
Mr. S.L. Gupta, Advocate for no.4

Dated : 19 Apr 2011
ORDER

PER MR. JUSTICE R.K. BATTA, PRESIDING MEMBER Heard Counsel for the parties. The revision has been filed against the order dated 15.5.2010 of the State Commission. The State Commission had refused to condone the delay of 74 days/104 days on the ground that the medical certificates produced were not genuine, inasmuch as one certificate was issued on 13.1.2009 wherein it was stated that the Petitioner was under his treatment upto 14.1.2009. In our opinion, this by itself is not a good ground to reject the medical certificates which had been filed by the Petitioner, copies of which are at pages 43 to 46. There is no doubt that the two certificates are overlapping but, in our opinion, in the facts and circumstances of the case, the State Commission should have condoned the delay in filing the revision. In view of the above, the order of the State Commission is set aside and the delay is condoned. The matter is remanded back to the State Commission. The Petitioner/Complainant shall appear before the State Commission for further direction on admission on 7.7.2011. The revision stands disposed of accordingly with no order as to cost.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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