Maharashtra

StateCommission

A/10/698

MAX NEW YORK LIFE INSURANCE CO LTD - Complainant(s)

Versus

MRS NASEEM MOHAMMAD ASALMEER - Opp.Party(s)

S SHINDE

26 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/698
(Arisen out of Order Dated 25/02/2010 in Case No. 28/2009 of District Thane)
1. MAX NEW YORK LIFE INSURANCE CO LTD11 TH 12 TH FLOOR DLF SQUARE BUILDING JACARAMDA MARG DLF PHASE II DLF CITY GURGAON GURGAON ...........Appellant(s)

Versus
1. MRS NASEEM MOHAMMAD ASALMEER R/O SHAFEEQ DIVKAR CHAWL MUMBAI POST KASARA TALUKA SHAHAPUR THANEMAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBERHon'ble Mrs. S.P.Lale Member
PRESENT :S SHINDE, Advocate for the Appellant 1

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ORDER

Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

This is an appeal filed by the Insurance Company against the judgement and award passed by District Consumer Disputes Redressal Forum, Thane in consumer complaint No.28/2009 dated 25/02/2010.  The impugned judgement is delivered on 25/02/2010.  Forum below directed the appellant/Insurance Company to pay sum of Rs.3 Lakhs to the complainant and also to pay Rs.10,000/- to the complainant towards mental harassment and Rs.5,000/- towards cost.  Aggrieved by this order, Insurance Company has filed this appeal.

In filing this appeal, there is delay of 110 days and to seek condonation of delay of 110 days, appellant/Insurance Company has filed Misc. Appl. No.372/2010.  In the condonation of delay application, it has been simply mentioned that copy of the order was received by the Corporate Office at Gurgaon (Haryana) on 01/04/2010 and thereafter, documents were collected by the concerned department and then opinion of Legal Department was taken and then the matter was entrusted to the Advocate to file appeal.  Delay of 110 days in our view is quite huge and cannot be condoned so easily.  No details are given as to how file of appeal moved from one department to another department in the Gurgaon office of appellant-Insurance Company.  Averments made in Para 3, 4 & 5 are simply omnibus averments having no basis.  There is no attempt on the part of the Insurance Company to explain delay of 110 days in this appeal.  We are therefore not inclined to condone delay of 110 days.  Hence, we pass the following order :-

               -: ORDER :-

1.       Misc. Appl. No.372/2010 for condonation of delay stands rejected.

2.       Consequently, appeal does not survive for consideration.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 26 July 2010

[Hon'ble Mr. P.N. Kashalkar]PRESIDING MEMBER[Hon'ble Mrs. S.P.Lale]Member