Maharashtra

StateCommission

MA/17/585

HDFC ERGO GENERAL INSURANCE CO.LTD - Complainant(s)

Versus

MRS. SHAMA ASIF BARDAY & ORS - Opp.Party(s)

A.S. VIDYARTHI

19 Nov 2019

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/17/585
( Date of Filing : 13 Dec 2017 )
In
First Appeal No. A/17/1369
 
1. HDFC ERGO GENERAL INSURANCE CO.LTD
6TH FLOOR LEELA BUSINESS PARK,ANDHERI KURLA ROAD,ANDHERI EAST,MUMBAI.400059
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. MRS. SHAMA ASIF BARDAY & ORS
101, MAYUR PARK CHS,PLOT NO.26,C/D,SECTOR-11,KOPARKHAIRNE,NAVI MUMBAI.400709
THANE
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
  Usha S. Thakare PRESIDING MEMBER
  D. R. Shirasao JUDICIAL MEMBER
 
For the Appellant:
For the Respondent:
Dated : 19 Nov 2019
Final Order / Judgement

           Advocate Mr.A.S. Vidyarthi is present for applicant/appellant.  Advocate Ms.Sindhutai Mane is present for respondent no.1.  None present for respondent no.2.  Heard both parties on delay condonation application.  Applicant/appellant has filed an application to condone the delay of 29 days in filing appeal.  However, respondent/complainant vehemently urged that delay is not of 29 days and it is more than 53 days. We have perused the documents on record.

         Free copy of the order was sent by the Ld.District Forum to both the parties by Outward No.1555 dated 13/09/2017.  Application for condonation of delay is filed on the basis of said order.  Subsequently the applicant/appellant has filed another certified copy to show that the appellant received copy of order on 09/10/2017.  Nothing is on record to show that free copy sent by Ld.District Forum is duly served to applicant/appellant.  If it is considered that free copy was served to the applicant/appellant on 13/09/2017 then delay will be of 53 days in filing appeal.  Delay in filing appeal cannot be said to be intentional or deliberate.  In the interest of justice delay deserves to be condoned by imposing costs.  Hence, we pass the following order:

 

ORDER

  1. Misc.Application for condonation of delay is hereby allowed subject to delaying costs of Rs.1,000/- payable to complainant/respondent no.1.  Payment of costs is condition precedent.

 

  1. Payment of costs is condition precedent.  Costs be paid on or before next date.  For payment of costs appeal will be taken up for hearing.  Appeal stands adjourned to 16/12/2019 for hearing on admission.
 
 
[ Usha S. Thakare]
PRESIDING MEMBER
 
 
[ D. R. Shirasao]
JUDICIAL MEMBER
 

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