Circuit Bench Nagpur

StateCommission

RBT/A/19/224

The Branch manager Life Insurance Corporation of India Dhamangaon rly - Complainant(s)

Versus

Rajendra Annaji Akare - Opp.Party(s)

Adv Sushma Joshi

20 Sep 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
First Appeal No. RBT/A/19/224
In
First Appeal No. A/19/224
 
1. The Branch manager Life Insurance Corporation of India Dhamangaon rly
office at Dhamangaon rly
Amravati
Maharashtra
...........Appellant(s)
Versus
1. Rajendra Annaji Akare
age 72 yrs occ nil r/o near Dattapur Naka Ward no 8 Dhamangaon rly
Amravati
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
Advocate Mr.Ghagarkar for appellant/applicant.
......for the Appellant
 
None
......for the Respondent
Dated : 20 Sep 2022
Final Order / Judgement

Per Hon’ble DR. S.K. Kakade, Presiding Member. 

  1.       Learned advocate Mr.Ghagarkar is present for the appellant. Nobody is present for respondent. According to learned advocate for appellant there is delay of 64 days in filing of this appeal against the order passed by District Consumer Commission Amravati in Consumer Complaint No. CC/18/90 which was decided on 13/03/2019. Hence this delay condonation application has been filed by the appellant.  
  2.       The respondent was duly served and filed reply to delay condonation application opposing  the condonation of delay as there is no proper and genuine reason which is explained for delay. Today the respondent was not represented before the Commission. Heard the delay condonation application.
  3.      Learned advocate for the appellant submitted that the delay caused in filing of this appeal was not intentional and there is prima-facia good case for the appellant. The reason for the delay is caused is due to time consumed in seeking permission from the authority of the appellant i.e. L.I.C. of India. Hence the main reason is an administration delay. The learned advocate for the appellant prayed for condonation of delay of 64 days.
  4.      We have gone through the record and heard submissions made by learned advocate for appellant. The delay in filing of this appeal was because of administrative reason. Learned advocate for appellant could not make his point explaining the delay on day to day basis. In view of this the said delay of 64 days can not be condoned. 
  5.       In the judgment of “Dr.Gopinathan Pillai.....V/s.......State of Kerala & Other, (Arising out of Appeal (Civil) No.220 of 2007,  passed on 15/01/2007 by Hon’ble Supreme Court of India. While deciding the issue of delay condonation on 15th January 2007, Hon’ble Supreme Court of India observed as follows :-

“ For the fault of the officer, the State should not be penalised. When a mandatory provision is not complied with and when the delay is not properly, satisfactorily and convincingly explained, the Court cannot condone the delay, only on the sympathetic ground. It is well considered principle of law that the delay cannot be condoned without assigning any reasonable, satisfactory, sufficient and proper reason.”

  1.       Hence the application for delay condonation is hereby rejected, subsequently the appeal does not survive hence dispose off.

 

 

 
 
[HON'BLE MR. DR. S.K. KAKADE]
PRESIDING MEMBER
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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