Date of Filing :20.03.2024

Date of Disposal :26.06.2024

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:26.06.2024

PRESENT

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER

(DIST. & SESSIONS JUDGE (R)

Mrs DIVYASHREE M: LADY MEMBER

APPEAL No.1345/2024

Mr Boodeppa

S/o Mr.Shivappa Angadi

Aged about 64 years

Occ: Agriculture

R/o Boodeshwara Hosalli

Taluk and District Gadag

(By Mr.M.V Mudgal, Advocate)                                      Appellant

-Versus-

1. The Deputy Commissioner

    Gadag-582 101

    Rep. by DGP

    Gadag-582 101

2. The Manager

    KCC Bank

    Gadag Taluk and District -582 101

3. The Executive Officer

    Primary Agriculture Credit

    Co-Op. Society Ltd.,

    Kurtkoti Village

    Gadag Taluk and District             

4. The Managing Director

    Universal Sompo General

    Insurance Company Ltd.,

    Plot No.EL-94, KLJ Tower

    TTC Industrial Area

    MIDC Mape, New Mumbai-400 701  

5. The Managing Director

    Universal Sompo General

    Insurance Company Ltd.,

    III Floor, KVV Samrata

    No.217/A, Outer Ring Road

    Kasturi Nagar, Bangalore-560 043                      Respondents
                            

-:ORDER:-

Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:

1.       This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by Complainant aggrieved by the Order dated 10.03.2021 passed in Consumer Complaint No.28/2019 on the file of District Consumer Disputes Redressal Commission, Gadag (for short, the District Commission).

2.       The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission.

3.       The Commission examined the impugned order, grounds of Appeal, Appeal papers and heard learned counsel for the Appellant/Complainant.

4.       This Appeal is at the stage of hearing on admission.  The Appellant herein has obtained an award in CC No.28/2019 on 10.03.2021, whereas he has preferred this Appeal on 28.03.2024.  In other words, there is a delay of 1061 days in preferring the appeal, as such we have to take notice of the object of CP Act in particular, Section 38 which correspondence to Section 13 of CP Act, 1986 which provides for time line for admission, filing version and to decide within a period of 3 months.  In such circumstances, entertaining an Appeal after 1061 days of delay from the date of award, viewed from any angle, could not be condoned for any reason much less, the reasons sworn in by the Appellant in his affidavit enclosed to IA.  Hence, we proceed to dismiss the Appeal as not admitted.

5.       Send copy of this Order to the District Commission and the parties concerned.

                Lady Member                    Judicial Member

*s