NCDRC

NCDRC

RP/667/2010

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

JAYANTI S. MENON & ORS. - Opp.Party(s)

DR. SUSHIL KUMAR GUPTA

12 Mar 2010

ORDER

Date of Filing: 04 Feb 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/667/2010
(Against the Order dated 15/10/2009 in Appeal No. 315/2009 of the State Commission Maharastra)
1. NEW INDIA ASSURANCE CO. LTD.(Through its Divisional Manager), Delhi Regional Office-I, Jeevan Bharti Building, Tower-Ii, Level-IV, 124, Connaught PlaceNew Delhi - 110001Delhi ...........Appellant(s)

Vs.
1. JAYANTI S. MENON & ORS.R/o. Kailash Nagar, Sunflower Building, 002, D-Wing, Gr. Floor, Wadvali Section, Amber NathThaneMumbai2. SMT. SAVITRI V. NAIRR/o. Kailash Nagar, Sunflower Building, 002, D-Wing, Gr. Floor, Wadali Section, AmbernathThaneMumbai ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 12 Mar 2010
ORDER

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          The State Commission has dismissed the appeal on the ground of limitation.  There was a delay of 101 days in filing the appeal which was over and above the period of 30 days statutorily given for filing the appeal.  Consumer foras are required to decide the cases in a summary manner within given time frame.  Complaint has to be disposed of within 90 days from the date of filing where no evidence is required to be taken and within 150 days where evidence is required to be taken.  The State Commission has held that the petitioner has failed to show sufficient cause to condone the delay.

            We have heard counsel for the petitioner.  The delay of                 101 days which is over and above the statutory period 30 days given for filing the appeal could not be condoned without showing sufficient cause.  The petitioner had failed to show sufficient cause before the State Commission and even before us.  To a specific question asked by us from the counsel for the petitioner to explain the delay, he said that he has no explanation.  We agree with the view taken by the State Commission that the petitioner had failed to show sufficient cause for condonation of delay.  Dismissed.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER