Circuit Bench Aurangabad

StateCommission

FA/13/114

Kantabai Govind Jamadar - Complainant(s)

Versus

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

Adv.A S More

17 Jun 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
 
First Appeal No. FA/13/114
(Arisen out of Order Dated 14/02/2011 in Case No. 238/2010 of District Osmanabad )
 
1. Kantabai Govind Jamadar
Katekur Tq. Umarga
Osmanabad
Maharshtra
...........Appellant(s)
Versus
1. Manager, ICICI Lombard General Insurance Co. Ltd.
Zenith House, Keshvraj Khade Marg, Mahalaxmi
Mumbai -34
Maharashtra
2. Tahsildar Umarga
Tahasil Office, Umarga
Osmanabad
Maharashtra
...........Respondent(s)
Miscellaneous Application No. MA/13/76
 
1. Kantabai Govind Jamadar
Katekur Tq. Umarga
Osmanabad
Maharashtra
...........Appellant(s)
Versus
1. Manager, I C I C I Lombard General Insurance Co. Ltd.
Zenith House Keshvraj Khade Marg, Mahalaxmi
Mumbai -34
Maharashtra
2. Tahasildar Umarga
Tahasil Office, Umarga
Osmanabad
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
 HON'ABLE MRS. UMA BORA MEMBER
 HON'ABLE MR. K.B.GAWALI MEMBER
 
PRESENT:Adv.A S More, Advocate for the Appellant 1
 
ORDER

Date   : 17.06.2013

 

Per Shri.S.M.Shembole, Presiding Judicial Member.

 

 

1.       This is an application for condonation of delay of about two years which was caused in filing appeal against the judgment and order dated 14.2.2011 passed by District Forum , Osmanabad in complaint case No.238/2010.

 

2.       However, considering facts of the case we do not feel it necessary to issue notice to respondent.  We heard Shri.A.S.More learned counsel   for applicant/appellant, perused the application under order, copy of impugned judgment and order.

 

3.       It is submitted by Shri.More learned counsel for the applicant/appellant that as the applicant is poor, she could not file appeal in time. According to Shri.More, learned counsel for the applicant due to poverty the applicant could not engage any counsel for filing appeal. However, after two years she anyhow managed to engage counsel and filed the appeal with this application for condonation of delay. It is further submitted that there is legal point involved in appeal and therefore it is just and necessary to condone the delay. But we find little force in the submission of Mr.More learned counsel  for the applicant because except bare word of applicant there is no evidence on record to show that her financial position is not sound and she could not arrange to engage any counsel for filing appeal. In our view, if the applicant is poor she could have approached Legal Committee and could have taken necessary steps to file the appeal by getting legal aid.  She should not have remained silent for such a long period of two years.  Anyhow we find no just and reasonable ground to condone such inordinate delay.

 

4.       Moreover on perusal of copy of impugned judgment and order we find no legal point involved in the appeal. Therefore it would be futile to get the appeal admitted by condoning such inordinate delay.

 

5.       In the result, application under order is being devoid of any merit, deserves to be dismissed. Hence the following order.

                                                            O   R   D   E   R

 

1.       Application for condonation of delay is dismissed.

 

2.       Consequently, appeal is rejected.

 

3.       No order as to cost.

 

4.       Copies of judgment and order be supplied to both the parties.  

 

 

Pronounced and dictated

in the open court on dt. 17.06.2013.

 

 

 
 
[HON'ABLE MR. S.M.SHEMBOLE]
PRESIDING MEMBER
 
[HON'ABLE MRS. UMA BORA]
MEMBER
 
[HON'ABLE MR. K.B.GAWALI]
MEMBER

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