Maharashtra

StateCommission

MA/10/244

RAJENDRA MANGATRAM BHANDARI - Complainant(s)

Versus

NEW INDIA ASSURANCE CO LTD - Opp.Party(s)

S SAYYED

13 Jul 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Miscellaneous Application No. MA/10/244
1. RAJENDRA MANGATRAM BHANDARI NASHIKMaharastra ...........Appellant(s)

Versus
1. NEW INDIA ASSURANCE CO LTDNASHIKMaharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr.Justice S.B.Mhase PRESIDENTHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :S SAYYED , Advocate for the Appellant 1 Adv.Mr.R.P.Bafna for respondent.

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ORDER

Per Justice Shri S.B.Mhase, Hon’ble President: 

This is an application for condonation of delay.  Said application is vehemently opposed by Adv.Mr.R.P.Baphna appearing for respondent/opp.party.  

  Though the applicant has calculated delay of  156 days, we find that actual delay is of 120 days.  It is admitted that impugned order was received on the date it was declared by the District Consumer Forum i.e. on 09/11/2009.  Therefore, appellant should have been filed on or before 08/12/2009 which has been filed on 15/04/2010 and therefore, there is delay of 128 days.  The applicant/appellant is a medical practitioner working with Bytco Civil Hospital and Nashik Municipal Corporation hospital and he states that he was busy in his regular work and therefore, appeal could not be filed.  This is not sufficient ground for condonation of delay.  Application is without any merits.  It is hereby rejected.  Hence, we pass the following order:-

                                :-ORDER-:

1.           M.A.no.244/2010 for  condonation of delay stands rejected.

2.           Consequently,  appeal also stands rejected.

3.           No order as to costs.

4.           Dictated on dais in presence of parties.

5.           Copies of the order herein be furnished to the parties.

 

PRONOUNCED :
Dated : 13 July 2010

[Hon'ble Mr.Justice S.B.Mhase]PRESIDENT[Hon'ble Mr. Dhanraj Khamatkar]Member