Per Smt.S.P.Lale, Hon’ble Member

Heard Mr.M.M.Mahajan-Advocate for the petitioner.  Mr.D.P.Guchiya-Advocate for respondent.

This revision petition has been filed by the original O.P./National Insurance company against the order dated 21/1/2009 passed by District Consumer Forum, South Mumbai in M.A.no.E-6/2008, wherein forum below condoned the delay of more than 215 days and admitted the complaint of respondent.  Applicant is the Insurance company and the respondent took Open Marine policy from the applicant. Due to accident, material of the respondent company damaged.  Therefore, respondent lodged a claim with the applicant/Insurance company. Applicant repudiated the claim lodged by the respondent on 03/06/2005.  Respondent filed the complaint before the forum below in the year 2009 bearing no.33/2009 along with delay condonation application before the District Consumer Forum, South Mumbai.  Forum below condoned the inordinate delay of 215 days.  Said order dated 21/01/2009 is taken exception of by filing this revision petition. 

              Upon hearing both the counsels, we are finding that the order passed by the forum below dated 21/01/2009 allowing delay condonation is erroneous and bad in law.  Inordinate delay of 215 days is not condonable unless just and sufficient cause is pleaded and proved.  In the condonation of delay application complainant has not mentioned the  cause and nor has explained the delay of each day as contemplated under section 24-A of the Consumer Protection Act, 1986.  Complainant states that the matter was assigned to the advocate, who could not work out due to his regular ill health and, subsequently, the said advocate returned the file.  Therefore, said cause is not legal and valid cause to condone inordinate delay and that delay is not at all satisfactorily explained.  The Learned District Consumer Disputes Redressal Forum very lightly without assigning any reason condoned the inordinate delay.  As such, the said order is required to be quashed and set aside. We are, therefore, inclined to allow this revision petition and pass the following order:-

                                                          ORDER

1.     Revision petition is allowed.

2.     Order dated 21/01/2009 passed by the District Consumer Disputes Redressal Forum, South Mumbai in M.A.No.E-6/2008 allowing condonation of delay is quashed and set aside.  The complaint is rejected as time barred.

3.     Complaint stands dismissed.

4.     No order as to costs.

5.     Copies of the order be furnished to the parties.