Maharashtra

StateCommission

MA/10/185

UNITED INDIA INSURANCE CO LTD - Complainant(s)

Versus

SMT MALATHI MADHUKAR PETHKAR & ORS - Opp.Party(s)

MISAR

28 Oct 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Miscellaneous Application No. MA/10/185
1. UNITED INDIA INSURANCE CO LTDMaharastra ...........Appellant(s)

Versus
1. SMT MALATHI MADHUKAR PETHKAR & ORSMaharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :MISAR , Advocate for the Appellant 1

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ORDER

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

          There is delay of 96 days in filing appeal and therefore, application for condonation of delay is filed.  The reasons mentioned in Para 4&5 of the application read as under :-

“4.    After receipt of the copy of the judgement and the order by the Applicant/Appellant, the same was sent to the Division Office, Pune and thereafter Regional Office of United India Insurance Co. Ltd. at Mumbai for permission and sanction to file an appeal.  The Regional Office received the copy of the above order.  The Regional Office sanctioned and assigned the matter to the Advocate Mr.H.G. Misar, who immediately prepared the necessary papers to file the appeal.

5.       That there is delay in preferring the appeal in this Hon’ble Commission as the Applicant have to take decision at several levels to prefer appeal in this Hon’ble Commission.  The Applicant at the time of taking the decisions at the several levels, it took some time and therefore, there is delay in preferring the appeal.  That the Applicant have good chances of success in the abovementioned matter.  That in the interest of justice, the Hon’ble Commission may be pleased to condone the delay in preferring this appeal.  The Applicant submits that if the delay is not condoned, irreparable loss will be caused to the Applicant.”

          It is a routine administrative delay in the Corporate Office which ought to have been avoided, but as submitted compliance for deposit as required under Section 15 of Consumer Protection Act, 1986 also took time.        For the reasons mentioned, we are satisfied that the delay is satisfactorily explained. We hold accordingly and pass the following order :-

                             -: ORDER :-

1.       Application is allowed.  Delay is condoned.

 

 

PRONOUNCED :
Dated : 28 October 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member