Maharashtra

Central Mumbai

MA/21/34

Mrs. Savita Vilas Hume - Complainant(s)

Versus

TATA AIG General Insurance Company Ltd. - Opp.Party(s)

ABHAYKUMAR N. JADHAV

21 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, 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/21/34
( Date of Filing : 11 Oct 2021 )
In
Complaint Case No. CC/21/299
 
1. Mrs. Savita Vilas Hume
R/o. Mirajgaon, Tal-Karjat, Dist- Ahmednagar
Maharashtra
...........Appellant(s)
Versus
1. TATA AIG General Insurance Company Ltd.
Through its Manager City Tower, 2nd Floor, Dr. S.S. Rao Road, Next to Gandhi Hospital, Parel, Mumbai-400012.
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. S. S. Mhatre PRESIDENT
 HON'BLE MR. M.P.KASAR MEMBER
 
PRESENT:
 
Dated : 21 Oct 2022
Final Order / Judgement

          Per M.P.Kasar Member                       

  1. Complainant states that, complainants husband accidently died on 06/01/2014 so complainant filed claim form with required documents to the Talathi is within time but according to the complainant opposite party not sanctioned complainants claim and kept pending.  Complainant is women and illiterate women and do not posses legal knowledge hence delay caused to file present complaint so in the interest of justice delay of 05 years  09 months 06 days may be condoned.
  2. Opposite party filed say stating in that, complainant failed to substantiate reason for her failure to approach this commission and complainant failed to file dispute regarding repudiation before the District Control Committee so this Commission has no jurisdiction.  It is stated that claim was repudiated on 25/09/2014   and case is filed in Nov.2021 so delay is also of more than 5 years.  Thus according to the opposite party delay has not been explained each and every day by the complainant so present application be dismissed with cost.
  3. Heard Advocate of the parties, perused application and reply.  To decide application on merit we frame issues as follows :-
  4.  

   No

              Issues

  Findings

  1.  

Whether delay is condonable?

Yes

  1.  

What an Order?

As per order passed

 

As to Issue No.1 & 2:-       No dispute regarding death of complainants husband also no dispute in regard deceased was farmer and complainant is hair of deceased and is also farmer.   No dispute in regard complainant is illiterate women and also no dispute in regard complainant have no knowledge of legal proceeding.   Also no dispute in regard complainant is covered by Farmers Accidental Insurance Policy.  Perused judgement passed by Hon’ble State Commission inFirst Appeal No.FA 15/623 vide dated 03/04/2018  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs.  Considering issues related to insurance claim not get to complainant and issues 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 & principle of natural justice we pass order as:

                                                    ORDER                                                 

Misc.Application No.21/34 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 05 years 09 month 06 days 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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