Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

1.       We heard Ms.Sapna Bhuptany, Advocate for the applicant/appellant, Mr.S.B. Prabhawalkar, Advocate for respondent No.1/org. complainant and Mr.A.S. Vidyarthi, Advocate for respondent No.2.

2.       This appeal is filed by the Insurance Company against the order dated 20/01/2009 passed in consumer complaint No.02/2008, Smt.Aruna Harshad Shah V/s. The New India Insurance Co. Ltd. & Anr., passed by District Consumer Disputes Redressal Forum, Central Mumbai (‘the Forum’ in short).

3.       There is delay in filing the appeal of 162 days and hence, this application for condonation of delay.  This application is vehemently opposed by the non-applicant/respondent No.1/org. complainant.

4.       The delay is sought to be explained in Para 6 & 7 of the application stating that the applicant/appellant had received free copy of the impugned order, but it was misplaced and therefore, they obtained second copy on 08/06/2009 and thereafter, forwarded the claim file as per their internal procedure to their Controlling Regional Office No.1 and said office after due deliberation decided to file appeal and thus the delay occurred.

5.       From the endorsement made on the certified copy of the impugned order filed along with the appeal compilation, it could be seen that the first copy i.e. free copy was delivered by hand on 20/03/2009 to the applicant/appellant. This copy was misplaced.  At whose hands it is misplaced and when and how they became alert and felt necessary to apply for second certified copy is not made clear.  Similarly, as to when the Regional Office had took the decision and why there is delay of more than one month after receipt of second copy on 08/06/2009, is also not explained.  The appeal along with delay application is filed on 29/09/2009.  Under the circumstances, we find that the reasons mentioned do not reflect any sufficient reason to condone the delay.  We hold accordingly and pass the following order :-

                   -: ORDER :-

1.                 Misc. Appl. No.1507/2009 for condonation of delay stands dismissed and consequently, appeal No.1195/2009 is not entertained.

2.                 No order as to costs.

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

Pronounced

Dated 22^nd July 2011.