Maharashtra

Central Mumbai

MA/20/32

Smt Chhaya Machhindra Peharkar - 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/20/32
( Date of Filing : 18 Dec 2020 )
In
Complaint Case No. CC/20/129
 
1. Smt Chhaya Machhindra Peharkar
Vahegaob Tal Gangapur
Aurangabad
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.20/32 in CC/20/129 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, claim intimated beyond 90 daysthe transferof the land in complainants name was completed on 25/9/5 i.e. less than a month’s time from the death of the farmer so complainant ought to have file claim within the stipulated time. Hence complainant is not illiterate according to opposite party. According to opposite party no proper explanation of the delay is mentioned hence according to opposite party delay is not condonable and application be dismissed. Considering the nature and concept and purpose of Insurance Scheme i.e.Shetkari Janta Apghat Vima Yojnawhich is admittedlyfor the agriculturist and their dependens.It has observed from the perusal of 7/12 extract at page No.23 of complaint we observed name of deceased in occupancy segment of extract is mentioned. Perusedjudgement 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 .Considering issues related to insurance claim not get to complainant and issues raised by the opposite party can be decide on meritso delay caused to file present complaint we are of the opinion that, is condonable in viewof circumstances of complainant & principle of natural justice we pass order as follows :-

ORDER

Misc.Application No.20/32 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 13 years 03 month and 16 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.