Maharashtra

Central Mumbai

MA/20/30

Mrs Shushilabai Manikrao Wadewale - Complainant(s)

Versus

ICICI Lombard General Insurance Co Ltd - Opp.Party(s)

Abhaykumar Jadhav

18 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012 Phone No. 022-2417 1360
Website- www.confonet.nic.in
 
Miscellaneous Application No. MA/20/30
( Date of Filing : 18 Dec 2020 )
In
Complaint Case No. CC/20/136
 
1. Mrs Shushilabai Manikrao Wadewale
Peth Shivani Tal Palam
Parbhani
Maharashtra
...........Appellant(s)
Versus
1. ICICI Lombard General Insurance Co Ltd
Through its manager, Delta Plaza, Old Tata Press Bldg, Veer Sawarkar marg, Prabhadevi, Dadar (W), Mumbai 400025
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. S. S. Mhatre PRESIDENT
 HON'BLE MR. M.P.KASAR MEMBER
 
PRESENT:
 
Dated : 18 Feb 2022
Final Order / Judgement

                  (Below M.A.20/30 in CC/20/136 for delay condonation filed by complainant)

                  Per M.P.Kasar ,Member

Heard Complainant and opposite party through their Advocates, perused application and reply the issue is whether delay is condonable? We answer Yes in view of our consideration as follows –

No dispute in regard that, complainant is villager, it is dispute of opposite party that, there is deliberated delay in filing complaint because accident occurred in 2/5/2005 hence delay has been described day to day by the complainant according to the complainant each farmer is conversant about the litigation and policy .complainant is not entitled below the scheme because he was not farmer there is no connection between complainant and Vinod Vadewale so complainant is not hair of deceased. Considering the nature and concept and purpose of Insurance Scheme i.e.Shetkari Janta Apghat Vima Yojnawhich is admittedlyfor the agriculturist and their dependents. It has observed from the perusal of 7/12 extract at page No.19 of complaint there is name of deceased in occupancy part of 7/12 extract is mentioned. Perused copy of judgement passed by Hon’ble State CommissioninFirst Appeal No.FA 15/623 vide dated 3/4/18  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and ors .Consideringthe views taken by the Hon’ble State Commission for condoning the delay of the matters which comes below said scheme andissues raised by the opposite party can be decide on merit. So delay caused to file present complaint we are of the opinion that, is condonable in view of circumstances of complainant & principle of natural justice we pass order as follows :-

                 ORDER

Misc.Application No.20/30 for delay condonation is allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 13years 7month 17 days is hereby condoned in the interest of justice and no order as to cost.

 

 

 
 
[HON'BLE MRS. S. S. Mhatre]
PRESIDENT
 
 
[HON'BLE MR. M.P.KASAR]
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.