Order No. 9 date: 30-06-2017

Sri Shyamal Gupta, Member

Record is put up today for passing order in respect of the delay condonation petition of the Appellant.

About delayed filing of this Appeal, it is contended by the Appellant that it was waiting for a notice to be issued by the Ld. District Forum for a hearing of CC/352/2012 afresh and deciding the matter on merit after impleading other proposers/policyholders in the complaint.  However, to the utter surprise and shock of the Appellant, it received a notice of Execution Case dated 18-03-2016 from the Ld. District Forum.  It is stated that although as per order of this Commission, the matter was supposed to be heard afresh, however, no notice was served upon the Appellant.  On receipt of the notice of the Execution Case, it enquired the matter from the Ld. District Forum wherefrom it came to know that the matter had already been decided on 18-01-2016.  After gaining knowledge about the impugned order, the Appellant though tried its best to move the present Appeal as early as possible, however, due to belated knowledge about the impugned order, some delay occurred in filing this Appeal.  Accordingly, the Appellant prayed for allowing its delay condonation petition.

Heard Ld. Advocate of both sides and perused the material on record.

It is the case of the Appellant that after receiving notice of the Execution Case dated 18-03-2016 from the Ld. District Forum, it gained knowledge about the impugned order. However, it is clearly stated in the impugned order that the matter was decided on contest against the Appellant.  In such circumstances, on what basis the Appellant claimed that it was totally ignorant of the said case is anybody’s guess.  Even then also, there is no explanation from the side of the Appellant as to why it did not went overdrive to set the ball rolling and prefer an Appeal following due knowledge about the impugned order.  Unfortunately, there is no proper day to day explanation as to the action taken by it in between the period from 18-03-2016 and 09-08-2016 (date of filing of the present Appeal).

As regards Appeal No. A/408/2016, the same being filed by another Insurance Company, i.e., Reliance Life Insurance Co., that cannot be a cogent ground for the Appellant to remain fence sitters for so long.  If the Appellant had any grievance against the impugned order, it was incumbent on its part to move its own Appeal against such order.  Under any circumstances, this cannot be an alibi to adopt a wait and watch policy. 

The Consumer Protection Act, 1986 clearly stipulates that an Appeal has to be moved within 30 days from the date of passing of impugned order by the Lower Forum and in case of delayed filing, the same should be properly explained by showing ‘sufficient cause’ in that regard.  The petition under consideration, we afraid, does not contain any plausible cause that can be construed as ‘sufficient cause’.  The delay of 172 days (excluding the statutory period of limitation) in filing this Appeal cannot be allowed as such.

Consequently, the Appeal stands dismissed being barred by limitation.