NCDRC

NCDRC

FA/1573/2016

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

SUSMITA DE - Opp.Party(s)

MR. SUNANDA NIMISHA

22 Dec 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1573 OF 2016
 
(Against the Order dated 06/06/2016 in Complaint No. 435/2015 of the State Commission West Bengal)
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
ECO-SPACE, 3RD FLOOR, BLOCK-3B, PLOT NO. 11/F/11, NEW TOWN, RAJARHAT,
KOLKATA-7000156
...........Appellant(s)
Versus 
1. SUSMITA DE
5H, KEDAR NATH DAS LANE,
KOLKATA-700030
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Ms. Sunanda Nimisha, Advocate
Mr. Mrinal, Advocate
For the Respondent :

Dated : 22 Dec 2016
ORDER

1.       By this Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”), Bajaj Allianz General Insurance Co. Ltd. (for short “the Insurance Company”) calls in question the correctness and legality of the order dated 06.06.2016, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short “the State Commission”) in Complaint Case No. CC/435/2015.  By the impugned order, the State Commission has declined the prayer made on behalf of the Insurance Company to grant further time after the expiry of the stipulated statutory period of 45 days for filing the Written Version.  The State Commission has accordingly directed that the Complaint shall run ex-parte against the Insurance Company, the sole Opposite Party in the Complaint.

2.       Having heard learned Counsel appearing for the Insurance Company, we are of the opinion that in view of the settled legal position on the point, there is no substance in the Appeal.

3.       Apart from the fact that the Appeal is barred by limitation, inasmuch as there is inordinate delay of 148 days in filing the same, for which, except for the bald assertion that the delay was on account of processing of the file in the Legal Cell of the Insurance Company, no satisfactory explanation has been furnished, in light of the authoritative pronouncement by the Hon’ble Supreme Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (Civil Appeals No.10941-10942 of 2013), wherein it has been held that the provisions of the Act have to be strictly construed and no further time beyond the prescribed period of 45 days can be granted for filing the Written Version to an Opposite Party, we are unable to read any illegality, factual or legal, in the impugned order, warranting our interference.

4.       Consequently, the Appeal fails and is dismissed accordingly. 

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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