NCDRC

NCDRC

FA/976/2023

M/S THE ORIENTAL INSURANCE COMPANY LIMITED - Complainant(s)

Versus

M/S WELCOME MOTORS PRIVATE LIMITED - Opp.Party(s)

MR. UDYAN SRIVASTAVA

19 Oct 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 976 OF 2023
(Against the Order dated 13/02/2023 in Complaint No. CC/19/33 of the State Commission Circuit Bench Madurai)
1. M/S THE ORIENTAL INSURANCE COMPANY LIMITED
HAVING REGISTERED OFFICE, AT CORPORATE OFFICE, BLOCK 4, PLATE 1, NBCC OFFICE COMPLEX, KIDWAI NAGAR EAST, NEW DELHI - 110023
2. THE REGIONAL MANAGER
C/O THE ORIENTAL INSURANCE COMPANY LIMITED, NO. 1, KHADI GRAMADYOG BHAVAN, TPK ROAD, MADURAI - 625001
3. THE DIVISIONAL MANAGER
C/O THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, 6A, NORTH COTTON ROAD AVM BUILDINGS, 1ST FLOOR, TUTICORIN - 1
...........Appellant(s)
Versus 
1. M/S WELCOME MOTORS PRIVATE LIMITED
REPRESNTED BY ITS DIRECTOR MR. T. KINGSTON, HAVING ITS REGISTERED OFFICE AT: OLD NO 34, NEW NO 14 N.H. COLONY, PALAYAMKOTTAI, - 627007 TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE DR. SADHNA SHANKER,MEMBER

FOR THE APPELLANT :MR. UDYAN SRIVASTAVA, ADVOCATE

Dated : 19 October 2023
ORDER

ORDER (ORAL)

                The present Appeal has been filed with a delay of 230 days.  IA No.13340 of 2023 has been filed seeking condonation of delay in filing

 

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the Appeal on the ground that while the impugned order was passed on 13.02.2023 and the same was collected by the Counsel for the Appellant on 15.03.2023, it took time in getting interval approvals for filing of the Appeal and there was a change if the officials of the Appellant Company and a new AR had joined.  It is submitted that the delay in filing of the Appeal was neither deliberate nor intentional. 

2.      In Ram Lal and Ors. vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361, the Hon’ble Supreme Court has observed as under:

“It is, however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a discretionary jurisdiction vested in the Court by S.5. If sufficient cause is not proved nothing further has to be done; the application for condonation has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant.”

3.      The Hon’ble Supreme Court in another case of R. B. Ramlingam vs. R. B. Bhavaneshwari, I (2009) CLT 188 (SC),  has stated that a

 

 

 

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court has to apply the basic test while dealing with the matters relating to condonation of delay, whether the Petitioner has acted with reasonable diligence or not.  The court has held as under:

"We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition.”

4.      While dealing with the matters under the Act, it has been held in the case of Anshul Aggarwal vs. New Okhla Industrial Development Authority, (2011) 14 SCC 578, by the Hon’ble Supreme Court that the special nature of the Act has to be kept in mind while dealing with the special period of limitation prescribed therein.  The court has held as under:

“It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer Fora."

5.      The delay of 230 days in filing of the present Appeal has not been explained sufficiently.  IA No.13340 of 2023 is dismissed.  The Appeal is

 

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consequently dismissed as being barred by limitation, under the provisions of Consumer Protection Act.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
.............................................
DR. SADHNA SHANKER
MEMBER

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