NCDRC

NCDRC

RP/1568/2010

ORIENTAL INSURANCE CO. LTD. - Complainant(s)

Versus

SUSHILA & ORS. - Opp.Party(s)

M/S. ALOK SHANKER & CO.

18 May 2010

ORDER

Date of Filing: 28 Apr 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1568/2010
(Against the Order dated 20/07/2009 in Appeal No. 2383/2006 of the State Commission Madhya Pradesh)
1. ORIENTAL INSURANCE CO. LTD.Having its Regd. & Head Office at: Oriental House, A-25/27, Asaf Ali RoadNew Delhi - 110002Delhi ...........Appellant(s)

Vs.
1. SUSHILA & ORS.Residents of 37, BichhlawasRatlamMadhya Pradesh2. SHRI DEEPAK, S/O. LATE MANOHARLALResidents of 37, BichhlawasRatlamMadhya Pradesh3. SHRI ATUL, S/O. LATE MANOHARLALResidents of 37, BichhlawasRatlamMadhya Pradesh4. SMT. SNEHLATA, D/O. MANOHARLAL VOHRAR/o. JavraRatlamMadhya Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :Mr.Vijay Kumar, Advocate for M/S. ALOK SHANKER & CO., Advocate
For the Respondent :NEMO

Dated : 18 May 2010
ORDER

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There is a delay of 191 days in filing this Revision Petition, which is over and above the period of 90 days statutorily given to file the Revision Petition.  Under the Consumer Protection Act, the consumer fora are required to decide the case within a period of 90 days from the date of filing, in case, no expert evidence is required to be taken and within 150 days, wherever expert evidence is required to be taken.  Delay of 191 days cannot be condoned without sufficient cause being shown.  Only reason given in the application for condonation of delay is that “due to voluminous translation of the documents filed before the fora below as well as the time taken in gathering medical knowledge on the issued involved in the instant Revision Petition, a delay of 191 days occurred in filing the instant Revision Petition.

Documents in vernacular, of which translation has been done, have not been filed.  The other ground given for condonation of delay is that the counsel for the petitioner was gathering medical knowledge on the issue involved in the Revision Petition.  That by itself is no reason not to file the Revision Petition.  Lawyer can study the point even after filing the Revision Petition.

We are not satisfied with the cause shown.  Application for condonation of delay is dismissed.  Consequently, Revision Petition is dismissed as barred by limitation.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER