KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 489/2023 in APPEAL No. 236/2023
ORDER DATED: 01.08.2023
(Against the Order in C.C. 73/2019 of CDRC, Idukki)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONER/APPELLANT:
BRD Car World, Konikkara, NH-47 Bye Pass, Thrissur-680 306.
(By Adv. G.S. Kalkura)
Vs.
RESPONDENTS:
- Niju V. Varghese, Panthalloor House, Calvary Mount Kara, Thankamany Village, Idukki Taluk.
- Reliance General Insurance Co. Ltd., Registered Office, Reliance Centre 19, Walchand Hirachand Marg, Ballard Estate, Mumbai-400 001.
- United India Insurance Co. Ltd., Divisional Office, Thrissur.
ORDER
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
This is an application filed by the second opposite party in C.C. No. 73/2019 on the file of the District Consumer Disputes Redressal Commission, Idukki (will be referred as District Commission). On 22.09.2022 the District Commission had passed an order directing the first and second opposite parties to pay Rs. 3,40,745/- to the complainant as total loss of his motor car along with Rs. 25,000/- as compensation and Rs. 10,000/- as costs within a period of one month from the date of receipt of the order with a default clause to pay interest @ 12% per annum.
2. The petitioner has filed an appeal challenging the order passed by the District Commission. A delay of 156 days occurred in filing the appeal. This petition is for condonation of delay. According to the petitioner the file was forwarded to the office at Thrissur and returned on 15.11.2022 but by mistake it was kept in the safe custody and in the meantime the period elapsed. There are no wilful lapses on the part of the petitioner. Hence the delay is requested to be condoned.
3. Heard the Counsel for the petitioner. Perused the records.
4. The case of the complainant is that he is the Registered Owner of Maruti Swift Dezire car bearing Registration Number KL 06 G010 which was insured with the first opposite party. The car was entrusted with the second opposite party for repair works and during this period got damaged due to flood. So the complainant claimed for total loss of the vehicle which was repudiated by the first opposite party on the ground that it was sold to one Mr. Siby. But the said contention was not established before the District Commission. The petitioner remained ex-parte. The District Commission entered into a finding that the second opposite party had obtained a total sum of Rs. 95,00,000/- from the third opposite party on the basis of a special policy regarding the vehicles kept in the yard of the second opposite party for repairs. The District Commission found that the second opposite party had received the amount in respect of the vehicle of the complainant from the insurance company and declined to pay the same to the complainant. On such a finding the impugned order was passed.
5. On going through the order passed by the District Commission it could be seen that the petitioner did not turn up though received the notice and hence he was set ex-parte. The Constitution Bench of the Apex Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020)5 SCC 757 has declared in categorical terms that the District Commission has no authority to extend the period in receiving the version if not filed within 45 days from the date of receipt of the notice. In such situations such opposite party has no legal right to contest the matter on merits. Here the petitioner had failed to file the version within the statutory period. So no purpose will be served in admitting the appeal. So also the condonation of delay as sought for would yield no useful purpose. Therefore it is found that that petitioner is not entitled to get an order condoning the delay.
In the result, the petition is dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 236/2023
JUDGMENT DATED: 01.08.2023
(Against the Order in C.C. 73/2019 of CDRC, Idukki)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANT:
BRD Car World, Konikkara, NH-47 Bye Pass, Thrissur-680 306.
(By Adv. G.S. Kalkura)
Vs.
RESPONDENTS:
- Niju V. Varghese, Panthalloor House, Calvary Mount Kara, Thankamany Village, Idukki Taluk.
- Reliance General Insurance Co. Ltd., Registered Office, Reliance Centre 19, Walchand Hirachand Marg, Ballard Estate, Mumbai-400 001.
- United India Insurance Co. Ltd., Divisional Office, Thrissur.
JUDGMENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
The appeal has been filed after elapsing the period prescribed. The petition filed as I.A. No. 489/2023 for the condonation of delay stands dismissed. So the appeal is also dismissed.
The statutory deposit made by the appellant at the time of filing the appeal is ordered to be refunded on proper acknowledgment.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
