Rajasthan

StateCommission

A/1083/2019

Axis Bank Branch - Complainant(s)

Versus

Smt. Kokal Yadav W/o Late Shri Nepal Singh - Opp.Party(s)

Ratnesh Yadav

06 Nov 2019

ORDER

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

 

FIRST APPEAL NO: 1083/2019

 

Axis Bank Branch Ward No. 3, Opp. Girls School, Tijara, Distt. Alwar.

Vs.

Smt.Kokal Yadav w/o late Sh.Nepal Singh r/o village Bandhada, Tehsil Tijara Distt. Alwar.

 

 

Date of Order 6.11.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta -Member

 

Mr. Shiv Vyas counsel for the appellant present in person

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal is filed against the order of the learned District Forum, Alwar dated 25.3.2019 whereby the claim is allowed against the appellant. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 178 days.

 

The contention of the appellant is that he never received the information regarding filing of the complaint. He could know the order only when they received the notice u/s 25 of the Consumer Protection Act. Hence, the delay be condoned.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

As per the order sheet of the Forum below the appellant has not appeared inspite of the notice and presumption has been taken against the appellant. It may be noted that in complaint same address has been given of the appellant which has been mentioned by it in the appeal and there is a legal presumption in favour of the service of registered letter. Further on the same address the appellant has received the notice u/s 25 of the C.P.Act. Hence, it seems that the appellant

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purposely has not appeared before the Forum below and there is no reason to condone the extra ordinary delay of 178 days.

 

The matter has also considered on merit. The insured died of the road accident. He was an account holder hence, the Forum below has rightly allowed the accident claim.

 

In view of the above ,there is no merit in this appeal and stands dismissed on ground of delay as well as on merits.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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