Maharashtra

StateCommission

MA/15/262

ICICI Prudential Life Insurance Co. Ltd., etc.3 - Complainant(s)

Versus

Shamrao Mangesh Bondre - Opp.Party(s)

Geeta Ghatge

03 Aug 2015

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/15/262
In
First Appeal No. A/15/593
 
1. ICICI Prudential Life Insurance Co. Ltd., etc.3
ICICI Pru Life Towers 1089, Prabhadevi
Mumbai
...........Appellant(s)
Versus
1. Shamrao Mangesh Bondre
Tembwadi Charathe, Sawantwadi
Sindhudurg
...........Respondent(s)
 
BEFORE: 
  Usha S. Thakare PRESIDING MEMBER
  P.B. Joshi JUDICIAL MEMBER
 
For the Appellant:
For the Respondent:
ORDER

[1]     Heard Adv.Geeta Ghatge for the applicant/appellant and Adv.Prshant Padhey for the respondent no.2, who has filed his vakalatnama today only on record. 

[2]     Notice is duly served on the respondent no.1 as per acknowledgement on record.  None is present for the respondent no.1.  Respondent no.2 has no objection for condonation of delay. 

[3]      Applicant/appellant has preferred the appeal to challenge the order passed in consumer complaint no.20/2014 dated 09/02/2015.  However, there is a delay of 15 days in filing the present appeal.  Therefore, applicant has filed application for condonation of delay. 

[4]       Applicant/appellant has received copy of order dated 09/02/2015 on  16/03/2015 by their Ratnagiri Branch Office.  After receipt of order on 16/03/2015 through Ratnagiri Branch Office, it was sent to the Mumbai Branch Office which was received by it on 20/03/2015.  Then, opinion of an advocate was obtained.  Draft of appeal was prepared.  In view of these facts, delay does not appear to be intentional or deliberate.  –It is settled principle of law that while doing justice, much importance cannot be given to technicalities.  It is desirable to decide the matter on merit. No prejudice will be caused to the complainant/respondent if the delay is condoned.  He will get an opportunity to contest the matter on merit.  Short delay of 15 days deserves to be condoned by imposing costs.  Hence, the order.

ORDER

  1. Application for delay condonation bearing no.MA/15/262 is allowed subject to costs of Rs.500/- payable to Legal Aid Account of the Commission within 15 days from this order.
  2. On payment of costs, appeal will be taken up for admission on 07/10/2015.

 

 
 
[ Usha S. Thakare]
PRESIDING MEMBER
 
[ P.B. Joshi]
JUDICIAL MEMBER

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