Rajasthan

StateCommission

A/444/2020

Sameen Khan - Complainant(s)

Versus

Shriram General Insurance Company Ltd. - Opp.Party(s)

Umesh Nagpal

11 Jan 2021

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 444/2020

 

Sameen Khan s/o Vasheer Khan r/o Village Amroo ka Bas, Piproli Tehsil Ramgarh Distt. Alwar.

Vs.

Shriram General Insurance Co. Ltd., Behind Krishi Upaj Mandi, Alwar & ors.

 

Date of Order 11.1.2021

 

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Member(Judicial)

Mr.Ramphool Gurjar -Member

 

Mr.Umesh Nagpal counsel for the appellant through V.C.

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, MEMBER JUDICIAL)

 

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This appeal has been preferred against the judgment of District Consumer Forum, Alwar passed on 11.1.2019 in Complaint No. 896/2014.

 

Today, this matter has been listed for admission with delay condonation application. In this matter as per the office report a delay of 669 days is there.

 

Heard the learned counsel for the appellant through V.C. on the application for condonation of delay.

 

The learned counsel for the appellant submits that the learned counsel for the complainant before the District Consumer Forum, Alwar did not inform him about the passing of judgment on 10.1.2019 and when the complainant contacted the counsel he informed that judgment has already been passed whereupon the complainant obtained a copy of the judgment on 19.11.2020 and has filed after contacting the learned counsel in the appeal.

 

Having considered the reasons given by the learned counsel for the appellant about the inordinate delay in this

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matter, we find that the reason given for delay is not at all convincing.

 

In our view simply saying that the learned counsel for the complainant before the District Consumer Forum did not inform him and when he contacted the counsel he said that judgment has already been passed cannot be said to be a sufficient reason for condoning the delay as such in our humble view the reason given for the admitted and inordinate delay is not acceptable as such the application for condonation of delay is found liable to be dismissed.

 

As such the appeal does not deserves to be admitted as being time barred. Hence, the same is dismissed at this stage.

 

 

(R.P.Gurjar) (A.K.Chatterjee)

Member Member (Judicial)

 

 

 

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