NCDRC

NCDRC

RP/2232/2010

RELIANCE GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

SMT. KAMLA & ORS. - Opp.Party(s)

MR. PANKAJ SETH

03 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2232 OF 2010
 
(Against the Order dated 27/04/2010 in Appeal No. 366/2010 of the State Commission Haryana)
1. RELIANCE GENERAL INSURANCE CO. LTD.
SCO No.212 to 214, Sector 34-A,
Chandigarh
Chandigarh
...........Petitioner(s)
Versus 
1. SMT. KAMLA & ORS.
Village Hoshiarpura, Tehsil Safifon
Punjab
Punjab
2. DEEPAK
Village Hoshiarpura, Tehsil Safifon
Punjab
Punjab
3. SATISH
Village Hoshiarpura, Tehsil Safifon
Punjab
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. PANKAJ SETH
For the Respondent :NEMO

Dated : 03 Aug 2011
ORDER

By the impugned order, the State Commission has dismissed the appeal as barred by limitation.  There was a delay of 253 days in filing the appeal, which was over and above the statutory period of               30 days given under the Consumer Protection Act, 1986 to file the appeal.  The delay of more than eight times of the statutory period given for filing the appeal could not be condoned without showing

 

-2-

sufficient cause, especially because under the Consumer Protection Act, 1986 the consumer fora are required to decide the cases in a summary manner within a period of 90 days from the date of filing of the complaint wherever no evidence is required to be taken and within 150 days wherever expert evidence is required to be taken.  The only reason given by the counsel for the petitioner for condonation of delay is that the file was moving from table to table to get the sanction for filing the appeal which by itself is no ground to condone the delay.  Delay of each day has to be explained which the petitioner has failed to show.  We agree with the view taken by the State Commission that the petitioner had failed to show sufficient cause for condonation of inordinate delay of 257 days.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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