NCDRC

NCDRC

RP/45/2021

JAGDEV KUMAR SHARMA - Complainant(s)

Versus

SHRIRAM GENERAL INSURANCE COMPANY LIMITED & 2 ORS. - Opp.Party(s)

MR. RAJEEV SHARMA & MR. PAWAN KUMAR

28 Jan 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 45 OF 2021
 
(Against the Order dated 06/10/2020 in Appeal No. 89/2020 of the State Commission Punjab)
1. JAGDEV KUMAR SHARMA
...........Petitioner(s)
Versus 
1. SHRIRAM GENERAL INSURANCE COMPANY LIMITED & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUP K THAKUR,PRESIDING MEMBER

For the Petitioner :
For the Petitioner : Mr. Rajeev Sharma, Advocate
For the Respondent :

Dated : 28 Jan 2021
ORDER

          This Revision Petition No.45 of 2021, filed with a delay of 11 days, without any application for condonation of delay, seeks setting aside the impugned order of the State Commission, Punjab, Chadigarh dated 06.10.2020 vide which the appeal filed against the order of the District Forum had been dismissed being barred by limitation.

          Learned counsel for the petitioner submits that though the order of the District Forum was in favour of the petitioner/complainant,  since the amount of compensation awarded was not satisfactory to the complainant, the appeal had been filed.

          I have also perused the application for condonation of delay which had been filed before the State Commission.

          It appears that the State Commission had allowed the application for delay subject to cost of Rs.4,500/- to be deposited in the Consumer Legal Aid Account of the State Commission, within three weeks.  Since even this was not complied with by the petitioner/appellant, the State Commission had proceeded to dismiss the application for condonation of delay.  Accordingly, since delay had not been condoned, the appeal stood dismissed.

          For ease of reference, impugned order of the State Commission reads as below:

“M.A. No.422 of 2020 (for Delay)

    Vide order dated 31.8.2020 passed in this Miscellaneous Application, the delay of 88 days in filing the appeal was condoned, subject to cost of Rs.4500/- to be deposited in the Consumer Legal Aid Account of this Commission within three weeks.

2. As per report of the Registry learned counsel for the appellant was informed telephonically on 30.09.2020 at 11.51 AM.

3. As per report of the Registry, cost of Rs.4500/- has not been deposited by the appellant/appellant.  The payment of cost was condition precedent to condone the delay in filing the appeal.  Case called several times since morning.  But none was appeared on behalf of the appellant.  Cost has not been deposited.  Since the cost for condonation of delay has not been deposited and compliance of the order has not been made, the application for condonation of delay in filing the appeal stands dismissed.

Main Case

4.          Since the application for condonation of delay is dismissed, hence the appeal filed by the appellant is also dismissed being barred by limitation.”

 

          I find no error apparent of either fact or law in the above order.  Accordingly, this revision petition, after consideration, is dismissed at the stage of admission.

 
......................
ANUP K THAKUR
PRESIDING MEMBER

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