Maharashtra

StateCommission

MA/07/1359

SANJAY BHALCHANDRA UPLAVIKAR, - Complainant(s)

Versus

THE NEW INDIA ASSURANCE CO. LTD., - Opp.Party(s)

-

01 Mar 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Miscellaneous Application No. MA/07/1359
 
1. SANJAY BHALCHANDRA UPLAVIKAR,
R/O C/O ANAND WATCH COMPANY, SHRI DATTU MARUTI RD., FINAL PLOT NO.47 SANGLI.
2. GIRIDHAR KISHANCHAND ANANDANI,
R/O C/O ANAND WATCH COMPANY SHRI.DATTU MARUTI ROAD, FINAL PLOT NO.47, SANGALI.
3. A) SANJAY BHALCHANDRA UPLAVIKAR,
R/O C/O ANAND WATCH COMPANY SHRI.DATTU MARUTI ROAD, FINAL PLOT NO.47, SANGALI.
4. B) GIRIDHAR KISANCHAND ANANDANI,
R/O C/O ANAND WATCH COMPANY SHRI.DATTU MARUTI ROAD, FINAL PLOT NO.47, SANGALI.
...........Appellant(s)
Versus
1. THE NEW INDIA ASSURANCE CO. LTD.,
MANDAL OFFICE NO.2 SHRI SIDDHIVINAYAK COMPLEX, NR. TATA PETROL PUMP, MIRAJ RD., SANGLI.
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
Adv.Nagesh Chavan
......for the Appellant
 
Adv.A.S.Vidyarthi
......for the Respondent
ORDER

 

 

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

 

(1)               This appeal takes an exception to an order dated 10/05/2007 passed in Consumer Complaint No. 34/2006, Shri Sanjay Bhalchandra Uplavikar Vs. The New India Assurance Co.Ltd. & ors., passed by District Consumer Disputes Redressal Forum, Sangli (’Forum’ in short).

 

(2)               The consumer complaint pertains to repudiation of insurance claim on the ground that the complainants had no interest at the relevant time.  The consumer complaint stood dismissed.  Feeling aggrieved thereby, the original complainant preferred this appeal.  There is a delay of 54 days in filing the appeal.  Hence, the application for condonation of delay is made.  Heard with the consent of both the parties on the application for condonation of delay.  The delay is sought to be explained stating that after taking advice from their trial court lawyer, they decided to prefer an appeal.  Thereafter, they came to Mumbai and arranged to file the appeal, but time was taken to collect necessary papers and to make financial arrangement.  There is no rebuttal to these particular facts.  Under the circumstances, we find that the delay is satisfactorily explained.  We hold accordingly and pass the following order. 

 

ORDER

 

Application for condonation of delay is allowed.  Delay in filing the appeal stands condoned.  No order as to costs.

 

Pronounced on 1st March, 2012.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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