Maharashtra

StateCommission

A/05/1205

Mr. Ramchandra Narayan Rao - Complainant(s)

Versus

The New India Assurance Company Ltd. - Opp.Party(s)

A. A. Khan

30 Jan 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/05/1205
(Arisen out of Order Dated 22/03/2005 in Case No. 35/2003 of District )
 
1. Mr. Ramchandra Narayan Rao
R/o. Bendale Chawl, Malegaon Camp, Malegaon, Tal. Malegaon, Dist. Nashik.
Nashik
Maharashtra
...........Appellant(s)
Versus
1. The New India Assurance Company Ltd.
Malegaon Branch, Mann Bhavan, Mahesh Nagar, Shivaji Circle, Old Agra Road, Malegaon, Tal. Malegaon, Dist. Nashik
Nashik
Maharashtra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. S.R. Khanzode Judicial Member
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
None present.
......for the Appellant
 
ORDER

(Per Shri Narendra Kawde, Hon’ble Member)

 

(1)               This appeal is directed against the order dated 22/03/2005 in Consumer Complaint No. 35/2003   (Mr.Ramchandra Narayan Rao Vs. The New India Assurance Co.Ltd.) passed by District Consumer Disputes Redressal Forum, Nashik (‘District Forum’ in short). 

 

(2)               The District Forum has dismissed the complaint of the appellant and also imposed the fine of `500/- U/s.26 of Consumer Protection Act, 1986 to be paid within one month from the date of order failing which `200/- in addition to the fine were directed to be credited to the Legal Aid Account of the District Forum.  Aggrieved by this order, the appellant has preferred this appeal.

 

(3)               Case in brief is that the appellant owned a taxi motor bearing No.MH-15-E-5011.  The taxi met with an accident (details not given).  Claim preferred against the opponent Insurance Company under the insurance policy was repudiated by the opponent Insurance Company on 08/08/2002 on the ground that that there was no valid license with the driver (son of the complainant).  The contention of the appellant is that there was a valid license to drive the taxi which was expired on 12/11/2002 and the same was renewed on 18/03/2002.

 

(4)               There is a delay of about 30 days in filing the appeal.  Appellant filed a Misc. application No.1524/2005 for condonation of delay stating that he was under honest presumption that the appeal could be filed within a period of two months.  There is no other ground except that he approached the advocate for filing the appeal.  Ignorance of provision of the law to file an appeal cannot be construed as a valid ground for condonation of delay.      

 

(5)               This is an old matter placed on board for hearing and disposal.  Notices were issued to the parties.  None of the parties is present at the time of hearing in spite of notice published on notice board of the Commission, Bar and on the internet.  Therefore, we have perused the record available before us and decided to dispose off on its own merit.  Admittedly, there was no valid license at the time of accident of the vehicle and delay in filing the appeal is also not explained satisfactorily.  The repudiation for want of valid license at the time of accident cannot be faulted with.  We hold accordingly and pass the following order.

 

ORDER

 

(1)     Appeal stands dismissed.

 

(2)     In the given circumstances, no order as to costs.

 

(3)     Inform the parties accordingly.

 

Pronounced on 30th January, 2012.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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