Maharashtra

Central Mumbai

MA/21/4

Sarjerao Ashruba Dhanawde - Complainant(s)

Versus

Tata AIG General Insurance Co Ltd - Opp.Party(s)

Ganesh Shikhare

14 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012 Phone No. 022-2417 1360
Website- www.confonet.nic.in
 
Miscellaneous Application No. MA/21/4
( Date of Filing : 06 Jan 2021 )
In
Complaint Case No. CC/21/5
 
1. Sarjerao Ashruba Dhanawde
R/o, Pali, Tal- Beed
Beed
Maharashtra
...........Appellant(s)
Versus
1. Tata AIG General Insurance Co Ltd
Through It's Manager, City tower, 2nd floor, Dr. S.S. Rao Road, Next to Gandhi Hospital, parel
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. S. S. Mhatre PRESIDENT
 HON'BLE MR. M.P.KASAR MEMBER
 
PRESENT:
 
Dated : 14 Oct 2021
Final Order / Judgement

  (Below M.A.21/04 in CC/21/5 for delay condo nation filed by complainant)

                  Per Mr.M.P.Kasar , Hon’ble Member

Heard Complainant and opposite party through their Advocates, perused application and reply the issue is whether delay is condonable? We answer Yes in view of our consideration as follows –

No dispute in regard that, complainant is Illiterateand villager, it is dispute of opposite party that, complainant is not entitled below the scheme because lateA.K.Dhanawde was 82 years old and person only a 10 to 75 years is eligible under the scheme anddeceased was alcoholic influence. Considering the nature and concept and purpose of Insurance Scheme i.e.Shetkari Janta Apghat Vima Yojnawhich is admittedlyfor the agriculturist and their dependents. It has observed from the perusal of 7/12 extract at page No.22 of complaint there is name of deceased in occupancy part of 7/12 extract is mentioned. Complainant cited judgement copy, Perused copy ofjudgement passed by Hon’ble State CommissioninFirst Appeal No.FA 15/623 vide dated 3/4/18  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs .Consideringthe views taken by the Hon’ble State Commission for condoning the delay of the matters which comes below said scheme andissues raised by the opposite party can be decide on merit. So delay caused to file present complaint we are of the opinion that, is condonable in view of circumstances of complainant. Therefore Misc.Application No.21/04 for delay condonation is allowed and delay of 3years 7month is hereby condoned in the interest of justice and no order as to cost.

 

 

 
 
[HON'BLE MRS. S. S. Mhatre]
PRESIDENT
 
 
[HON'BLE MR. M.P.KASAR]
MEMBER
 

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