KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
I.A. No. 1114/2023 in APPEAL No. 547/2023
ORDER DATED: 16.02.2024
(Against the Order in C.C. 350/2017 of CDRC, Alappuzha)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
PETITIONER/APPELLANT:
M/s United India Insurance Company Ltd., represented by Divisional Manager, Divisional Office, 2nd Floor, Kizhakkedath Buildings, Main Road, Pathanamthitta-689 645.
(By Adv. T.J. Lakshmanan)
Vs.
RESPONDENT:
Satheesh Kumar, S/o Damodharan Nair, Ananda Bhavanam, Peroor Karazhama, Charummood P.O., Mavelikkara, Alappuzha-690 505.
(By Adv. Madavoor G. Suresh Kumar)
ORDER
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
This is a petition seeking condonation of a delay of 447 days in filing this appeal. The order against which this appeal is filed was pronounced as early as on 31.12.2020. According to the affidavit filed in support of this petition, a copy of the order was received on 01.03.2021. In view of the order of the Supreme Court granting moratorium to all periods of limitation prescribed by the various enactments in our country, they had time up to 29.05.2022 to file an appeal. However, no appeal was filed even within such extended time limit that was available. This appeal is filed only in August 2023. What is put forward as the reason for the delay is that, efforts were being pursued on behalf of the appellant to work out an amicable settlement of the dispute in this case. Since the efforts to resolve the issues failed, this appeal has been filed.
2. The appellant is a company with an office establishment which includes a Legal Department to deal with such matters. It cannot be presumed that they were not aware of the period of limitation prescribed by law. The explanation put forward by such an organized establishment cannot be accepted at face value or treated in the same manner as that of an ordinary consumer with little or no education.
3. We also take note of the fact that this is a case in which the respondent/complainant has insured his elephant by paying a substantial amount as premium. After the death of the elephant, the appellant repudiated the claim of the complainant alleging that he was not the owner of the elephant. If he were not the owner, one fails to understand why the appellant had accepted premium from him and issued the policy without verifying whether the complainant was the owner of the elephant. The District Commission has found that such a contention was put forward only as an excuse to repudiate the claim of the complainant. Though the complaint was contested by the appellant, they did not choose to file the appeal within the statutory time limit. We are not satisfied that the inordinate delay in filing this appeal has been satisfactorily explained in the affidavit filed in support of this petition. Therefore, we are not inclined to condone the delay that is sought for by the petitioner. This petition fails and is accordingly dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 547/2023
JUDGMENT DATED: 16.02.2024
(Against the Order in C.C. 350/2017 of CDRC, Alappuzha)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANT:
M/s United India Insurance Company Ltd., represented by Divisional Manager, Divisional Office, 2nd Floor, Kizhakkedath Buildings, Main Road, Pathanamthitta-689 645.
(By Adv. T.J. Lakshmanan)
Vs.
RESPONDENT:
Satheesh Kumar, S/o Damodharan Nair, Ananda Bhavanam, Peroor Karazhama, Charummood P.O., Mavelikkara, Alappuzha-690 505.
(By Adv. Madavoor G. Suresh Kumar)
JUDGMENT
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
Petition for condonation of delay dismissed. Therefore this appeal is dismissed.
The amount of statutory deposit made by the appellant shall be refunded to them, on proper acknowledgment.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
RADHAKRISHNAN K.R. : MEMBER
jb
