Punjab

StateCommission

A/368/2018

DLF Pramerica Life Insurance Company Limited - Complainant(s)

Versus

Sukhdev Singh - Opp.Party(s)

karan nehra ,vinay begra ,ravi nayak

05 Sep 2018

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,      PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.                                     

                   Misc.Appl.No.1526 of 2018

                             In/and

                   First Appeal No.368 of 2018

 

                                                          Date of Institution   : 20.06.2018

                                                          Order Reserved on : 30.08.2018

Date of Decision     : 05.09.2018

 

 

1. DLF Pramerica Life Insurance Company Limited, 4^th Floor, Building No.9, Tower B, Cyber City, DLF City, Phase 11, Gurgaon-122002 through authorized signatory.

 

2. DLF Pramerica Life Insurance Company Limited, 5^th Floor, Kunal Towers, The Mall, Ludhiana through authorized signatory.

 

 

                                                                …..Appellants/Opposite parties

         

                                      Versus

 

Mr. Sukhdev Singh s/o Ramrakha Singh r/o 2A, Lal Bagh, Tehsil-Ludhiana West, Village Tharike, District Ludhiana.

 

                                                                   …..Respondent/Complainant

         

First Appeal against order dated 07.02.2017 passed by the District Consumer Disputes Redressal Forum, Ludhiana

 

Application for condonation of delay of 445 days

 

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member

            Smt. Kiran Sibal,  Member.

Present:-

          For the appellants            :  Sh.Vinay Begra, Advocate

          For the respondent :  Sh.Munish Goel, Advocate.

 

          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

 

                    This order shall dispose of this application filed by appellants/applicants for condonation of delay of 445 days in filing the appeal. It is contended in this application that original free copy of the order was prepared and dispatched by post to the appellants by District Forum Ludhiana on 02.03.2017. After communication with legal cell of appellants, it was decided to file appeal in this case. The appellants were under impression that the copy of order has been sent to counsel for appellants for filing the appeal. It transpired that certified copy of order has been misplaced and hence appeal could not be filed within time. On receipt of notice of execution proceedings, the matter was looked into and it was found that certified copy of the order has been misplaced somewhere and hence no appeal could be filed within period of limitation in this case. The appellants have prayed for condonation of delay of 445 days in filing the appeal. No reply to this application has been filed by respondent, but counsel for respondent Sh. Munish Goel Advocate contested this application vehmently without filing any reply to it. Sh. Munish Goel counsel for respondent contended that appellants have failed to explain any sufficient ground in filing the appeal for inordinate delay of 445 days and hence the appeal merits dismissal as barred by time.

2.                 From hearing respective submissions of counsel for the parties and from perusal of the record, we find that appellants themselves admitted this fact in application regarding delay of 445 days in filing the appeal and the fact that order was dispatched by District Forum  on 02.03.2017 to the appellants through the registry. The order was found to be misplaced somewhere thereafter by the appellants. The appellants came to know about this fact, when it received notice of execution proceedings in this case. The delay of 445 days had already taken place and appellants sought for condonation of this delay. From perusal of certified copy of the order, it is evident that the original free copy of order was dispatched by the District Forum to the parties on 02.03.2017 as per endorsement of the office on the record. Appellants again applied for certified copy of order on 30.05.2018, which was delivered to appellants on the same date. We cannot overlook this fact that the date of issue of free copy of order by District Forum to concerned party is 02.03.2017, as recorded in the endorsement on the order. The delay of 445 days is quite inordinate and there is no sufficient ground to explain it. Consumer Protection Act is a special Act, which has been enacted by the legislature for achieving a specific object. The special period of limitation has been prescribed in it for filing the appeal. A legal right is already vested with OPs with efflux of time prescribed for filing the appeal. The very purpose of the Act will be defeated in case highly belated appeal is allowed to be entertained against order of the District Forum by this Commission. Stale matters can be allowed to be agitated time and again. Law of limitation operates rigorously. Specific period of limitation has been prescribed in the Consumer Protection Act being special Act, to file the appeal as held by Apex Court in “Anshul Aggarwal versus New Okhla Industrial Development Authority” reported in Consumer Protection Reporter in IV(2011) CPJ 63 (SC). We find no ground to condone the inordinate delay of 445 days in filing the appeal. Each days’ delay is required to be explained by the appellants in this case. It would not be appropriate to condone such unexplained delay of long duration in this appeal. Application for condonation delay put in by appellants is accordingly dismissed.

Main Case :-

3.                 Since the application for condonation of delay in filing the appeal has been dismissed and as such, the delay has not been condoned of alleged 445 days, hence, the appeal is barred by time and same is hereby dismissed in limine.

4.                The appellant had deposited an amount of Rs.25,000/- at the time of filing the appeal. This amount with interest, if any, accrued thereon, be refunded by the registry to the complainant by way of crossed cheque/demand draft after 45 days from receipt of copy of this order.

5.                     Arguments in this appeal were heard on 30.08.2018 and the order was reserved. Certified copies of the order be communicated to the parties as per rules.

6.                 Copies of the order be communicated to the parties as per rules.

         

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

                       

                                                         

                                                                        (KIRAN SIBAL)

                                                                            MEMBER

 

 

September 5,  2018                                                                 

(ravi)