NCDRC

NCDRC

RP/439/2010

ORIENTAL INSURANCE CO. LTD. - Complainant(s)

Versus

M/S. POOJA ENTERPRISES - Opp.Party(s)

M/S. G.L. CHAWLA & ASSOCIATES

07 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 439 OF 2010
(Against the Order dated 12/03/2009 in Appeal No. 84/2007 of the State Commission Delhi)
1. ORIENTAL INSURANCE CO. LTD.Divisional Office-25, G-8, Hauz Khas MarketNew Delhi - 110016 ...........Petitioner(s)
Versus
1. M/S. POOJA ENTERPRISESThrough Partner Sachin Jain, F-15/A, Jindal Complex, Subhash ChowkDelhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :M/S. G.L. CHAWLA & ASSOCIATES
For the Respondent :MR. SUBRATA DASS

Dated : 07 May 2010
ORDER

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Heard learned counsel for petitioner and respondent. Factual matrix are that after insured vehicle met with an accident on 16th September, 2005 claim was lodged with petitioner Insurance Corporation. The Insurance Corporation on strength of assessment made by Surveyor made payment of part amount claimed by respondent. After door of Consumer Fora was knocked by respondent, the District Forum, accepting claim of the respondent, directed petitioner Corporation to pay Rs.1,36,326/- after adjustment of Rs.49,428/- already paid to the -2- respondent alongwith compensation and also cost. When the matter was carried in appeal by aggrieved Corporation, the State Commission dismissed appeal. Contentions are raised on behalf of the respondent that there has been delay of 210 days in preferring the revision petition for which no good reasons have been assigned in the application filed for condonation of delay. It is contended on behalf of the petitioner that though the basic order passed by State Commission on 12.3.2009 was received by them on 25th March, 2009, since conclusion drawn by the State Commission was contrary to the reasonings assigned, filing an application before State Commission they sought clarification for ambiguity that had crept in the order and since considerable time was consumed in this exercise, there has been delay in filing the revision petition. Other limb of argument was that since conclusion drawn by the State Commission was contrary to the reasonings assigned, they have a good case for success in the revision. In peculiar facts and circumstances of the case, while setting a side order of the State Commission and condoning the delay in filing revision petition, the matter is remitted back to the State Commission for its fresh -3- decision in the matter after giving opportunity to the parties for audience. The matter be disposed of preferably within four weeks from the receipt of this order. The petitioner will however will pay cost of Rs.5,000/- to the respondent.



......................JB.N.P. SINGHPRESIDING MEMBER