ORDER NO. 6 DT. 21.8.12

MR. J.BAG, MEMBER

          An Appeal has been filed by Mrs. Munni Devi Tewary against the order passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II in Case No. 947 of 2009 on 19.08.2011 along with an application for condonation of delay of 196 days in filing such Appeal.

          It appears that the Ld. District Forum by their order directed the Respondent/Op, i.e. National Insurance Company Ltd., Divisional Office-III, 1, Ruby House, National Insurance Building, 8 No. India Exchange Place (Ground Floor), Kolkata-700 001 to pay a sum of Rs. 5,00,000/- (Rupees five lakhs only) in settlement of the insurance claim of the Appellant/Complainant and Rs. 20,000/- (Rupees twenty thousand only) as compensation for delayed payment, harassment and mental agony.  The Respondent/OP paid the entire decreed amount to the Appellant/Complainant, who received the cheque towards compliance of the order of the Ld. District Forum.

          The Appellant received the cheque in preference to filing Appeal and it was after a long period of 196 days that, though she got the certified copy of the order of the Ld. District Forum on 23.08.2011 (well before receipt of the cheque), she came up with the Appeal unearthing her grievances.

          Her delayed filing of the Appeal is, as per her version, because of her son’s serious illness coupled with the fact of her having ‘no any legal sense’ as to the significance of the order passed by the Ld. District Forum, as she is illiterate.

          In our considered view once she preferred to receive the Insurance/compensation money as awarded by the Ld. District Forum, without going for Appeal, she surely put an end to her grievances.  Her prayer can hardly be entertained at this stage.  Her Appeal and the petition for condonation of delay are not tenable and, therefore, not admitted and hence, dismissed.