NCDRC

NCDRC

RP/2388/2011

SHYAM SUNDER - Complainant(s)

Versus

NATIONAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

MR. BAKHSHI UDAY DIP SINGH

28 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2388 OF 2011
 
(Against the Order dated 22/12/2010 in Appeal No. 53/2007 of the State Commission Haryana)
1. SHYAM SUNDER
S/o of Shri Ram Rang Earlier R/o House No. -91/12, Ram Nagar,
Karnal
Haryana
...........Petitioner(s)
Versus 
1. NATIONAL INSURANCE CO. LTD. & ANR.
Through It Divisional Manager, Railwat Road,
karnal
Haryana
2. Natiuonal Insurence Co.Ltd
Through Its Assitant Manager, SCO No .335-340, Sector- 35-B
Chandigarh
Chandigarh
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER

For the Petitioner :MR. BAKHSHI UDAY DIP SINGH
For the Respondent :
Ms. Sonia Sharma, ADvocate

Dated : 28 May 2012
ORDER

This revision petition has been filed with a delay of 105 days which is over and above the statutory period of 90 days given for filing the revision petition.   The main reason given for condonation of delay is that the copy of the order which was sent to the petitioner on 13.12.2010 was never received by him.   Even if that is correct, he still had enough time to apply and obtain another copy of the order.  I am, therefore, not satisfied with the cause shown for condonation of delay.

Supreme Court, in a recent judgment, Anshul Aggarwal vs. New Okhla Industrial Development Authority – IV(2011)CPJ 63 (SC) has held

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that while deciding the application filed 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 the appeals and revisions which are highly belated are entertained.  Relevant observations are 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 foras.”

 

In view of the above facts the inordinate delay of 105 days cannot be condoned. Application for condonation of delay is dismissed and as a consequence thereof revision petition is dismissed.

 

 
......................
VINEETA RAI
PRESIDING MEMBER

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