NCDRC

NCDRC

RP/3999/2010

LIC OF INDIA & ANR. - Complainant(s)

Versus

ROHINI PRATAP PALVE - Opp.Party(s)

MR. MOHAN BABU AGARWAL

26 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3999 OF 2010
 
(Against the Order dated 12/03/2010 in Appeal No. 321/2006 of the State Commission Maharastra)
1. LIC OF INDIA & ANR.
Through its Branch Manager, Vidha Nagar Sangamnager, Tq. Sangamner
Ahmednagar
Maharashtra
2. LIFE INSURANCE CORPORATION OF INDIA
Through its Zonal Office, Yogakshema, Jeevan Bima Marg
Mumbai - 400021
Maharashtra
...........Petitioner(s)
Versus 
1. ROHINI PRATAP PALVE
R/o. Deoral, Tq. Pathardi
Ahmednagar
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT

For the Petitioner :MR. MOHAN BABU AGARWAL
For the Respondent :NEMO

Dated : 26 Nov 2010
ORDER

Delay of 46 days in filing the revision petition is condoned.

The State Commission has dismissed the appeal filed by the petitioner as barred by limitation.  There was a delay of 134 days, which was over and above the statutory period of 30 days given under the Consumer Protection Act, 1986 for filing the appeal.  Under the Consumer Protection Act, the consumer fora are required to decide the case within a period of 90 days from the date of filing, in

-2-

case, no expert evidence is required to be taken and within 150 days, wherever expert evidence is required to be taken.  The inordinate delay of 134 days could not be condoned without showing sufficient cause.  Delay of each day has to be explained. 

I agree with the view taken by the State Commission.  Under Section 24 (a) of the Consumer Protection Act, 1986 the complaint can be filed within two years of the date of arising of the cause of action.  The delay of 134 days in filing the appeal would defeat the very purpose of enactment of the Act, which has been enacted to provide cheap and speedy remedy to the consumers for settlement of their disputes.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.