Below Misc. Application No. MA/11/96 for Delay Condonation Application
Per Mr S M Shembole, Hon’ble Presiding Member
1. This is an application for condonation of delay of 16 days, which was caused in preferring the appeal against the judgment & orderdated 01/03/2011 passed by District Consumer Forum, Amravati in consumer complaint No. 206/2010.
2. We heard Ld. Counsel for the applicant/appellant and respondent No.2 and perused the application under order as well as the copy of impugned judgment & order.
3. It is submitted by Mr. Deepak Gupta, Ld. Counsel for the applicant/appellant there was such delay of 16 days, as the appellant is illiterate and not knowing the period of limitation, etc. It is submitted that the delay which was caused is not intentional or deliberate. Further it is submitted that there is legal point involved in the appeal and therefore, it is just & necessary to condone the delay. He has also tried to support his submission by relying on the decision of this Commission in the case of ICICI Lombard General Insurance Company Vs. Sindhubai Khairnar, 2008 (2) ALL MR (JOURNAL) 13 in which it is observed that the government declares various benevolent schemes for Agriculturists and person coming from lower strata of society. For effective implementation of the claim, Government prescribed simple procedure. Taking into consideration, the illiteracy in the rural areas, the liability is imposed on the Village Revenue Officer and Tahsildar for purpose of collection of necessary documents and submission of the claim to the insurance company, etc. But with due respect, this observations are not applicable to the present case.
4. Further, Ld. Counsel for the appellant/applicant tried to support his contention by relying on the decision of this Commission Maharashtra State Vs. Shri Mahavir Badu Chougule and others in which it is observed in para No. 8 of the said judgment that the delay is of few days and it is not intentional or deliberate and therefore condone the delay. But in the present case there was inordinate delay for16 days. Therefore, judgment of this State Commission can not be applicable to the present case.
5. Moreover, though it is submitted that the legal point involved in the appeal. In our view, there is no such legal point involved in the appeal. As, undisputedly, the appellant has already received the insurance claim amount and also the amount of interest Rs.10,000/- which is awarded by the District Consumer Forum, Amravati. The undisputed facts of the case reveal that the appellant has filed this appeal along with this application for condonation of delay with an intention to get more interest, etc.
6. Per contra, Mr. Rahate, Ld. Counsel for the non-applicant / respondent No. 2 has also submitted that the delay was intentional and deliberate just to claim more amount of interest.
7. For the forgoing reasons, we find no just & reasonable ground to condone such inordinate delay. Hence, we are declined to condone the delay.
Hence, the following order:-
ORDER
i. Misc. Application for condonation of delay stands dismissed.
ii. Consequently, the appeal bearing No. A/11/204 is dismissed.
iii. No order as to cost.
Dated:- 22/11/2012.
