NCDRC

NCDRC

RP/1517/2010

SK. ISMAIL - Complainant(s)

Versus

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

MR. SK. BORHANUDDIN

09 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1517 OF 2010
(Against the Order dated 24/03/2010 in Appeal No. 472/2009 of the State Commission West Bengal)
1. SK. ISMAIL44/1, R.L. Ghosh Road, P.O. & P.S. Budge Budge, South 24-ParganasKolkata - 700137West Bengal ...........Petitioner(s)
Versus
1. ORIENTAL INSURANCE CO. LTD. & ANR.Divisional Office-VI, 45C, Chowringhee RoadKolkata - 700071West Bengal2. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD.City Branch No. I, Office Code - 311603, 496, Diamond Harbour RoadKolkata - 700034West Bengal ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Petitioner :MR. SK. BORHANUDDIN
For the Respondent :NEMO

Dated : 09 Jul 2010
ORDER

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Through these proceedings u/s 21(b) of the Consumer Protection Act, 1986, the original complainant seeks to challenge the ..2.. order dated 24.03.10 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, ‘the State Commission’) in First Appeal No.472/09. By the said order, the appeal filed by the petitioner was dismissed on the ground that it was highly belated and the delay could not be condoned on the grounds set up in the application for condonation of delay. We have heard the learned counsel for the petitioner and have also perused the entire record including the order dated 07.05.09 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas in C.C. No.110/09. It would clearly show that it was the second complaint filed by the complainant seeking interest on the amount already awarded to him in an earlier complaint no. 91/06. In our view, second complaint before the District Forum was wholly mis-conceived and was not maintainable in law before the consumer forum and, therefore, even if it is presumed that the delay could have been condoned by the State Commission, the appeal itself was liable to be dismissed on merit because the order of the District Forum was liable to be upheld. We are of the opinion that the petitioner ought not to have come to this Commission with the present revision petition by ..3.. abusing the process of law. Therefore, we dismiss the revision petition with costs of Rs.5,000/- which shall be deposited with the “Consumer Legal Aid A/c, NCDRC within a period of four weeks. In case of default, the Registrar shall issue recovery certificate to the concerned authorized officer for realization of the said amount.



......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER