Maharashtra

StateCommission

MA/11/166

MR HITESH M SELARKA - Complainant(s)

Versus

THE MANAGER, THE ORIENTAL INSURANCE CO LTD - Opp.Party(s)

HARSHAD TRIVEDI

16 Jun 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/11/166
 
1. MR HITESH M SELARKA
M/S HITESH JEWELLERS B/20 BHULESHWAR DARSHAN 61 DR ATMARAM MERCHANT ROAD KALBADEVI MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. THE MANAGER, THE ORIENTAL INSURANCE CO LTD
MAGNET HOUSE GROUND FLOOR RIGHT WING NARROTTAM MARARJI MARG BALLARD ESTATE MUMBAI
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
None present for the parties.
......for the Appellant
 
ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member:

          None remaining present for the Complainant. Directions dated 11.4.2011 are not complied with.

          We, prima-facie, find that in view of the Apex Court’s decision in the matter of Kandimalla Raghavaiah and Co. V/s National Insurance Co. and another in Civil Appeal No. 4962 of 2002 decided on 10/07/2009 MANU/SC/1165/2009,  the complaint is barred by limitation since the cause of action arose on the date of  i.e. 27.10.2007.  The consumer complaint is filed on 29.3.2011 with application for condonation of delay.

          Besides this, Opponent No.1 is an official of Insurance Company and thus is a separate and distinct juristic person within the meaning of section 2(1)(m) of the Consumer Protection Act, 1986 (The Act, for brevity).  He is not a service provider. The Insurance Company which is a service provider is not a party before us.  Opponent No. 2 Company is a loss assessor and sueveyor  engaged on behalf of the Insurance Company.  The Complainant did not hire its services.  Hence, consumer complaint as against Opponent  NO.s 1 and 2 is not tenable.  Coming to the aspect of delay, the duratioin is not at all specified.  No reason for delay is mentioned/given.  Thus, we find that delay is not at all satisfactorily explained. Hence, the order :

                                                O R D E R

          The application for condonation of delay stands dismissed and the  complaint is accordingly not entertained.

 No  order as to costs.

 

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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