Per Hon’ble Mr.Justice S.B.Mhase, President
Heard Mr.G.F.Shirke-Advocate for the complainant and Mr.S.Hussain-Advocate for the opponent.
This complaint is in respect of insurance cover. Complaint was filed in the year 1999. However, at that time section 24-A was introduced. Complaint was admitted by the State Commission without raising the objections under section 24-A of the Consumer Protection Act, 1986. Parties have filed written version and evidence and at the stage of arguments of the case, parties tried to rely on judgement of the Supreme Court in the case of Kandimalla Raghavaiah & Co. V/s. National Insurance Co.Ltd. III(2009) CPJ 75 (SC) claiming that the complaint may be affected by said judgement. Complainant filed delay condonation application to protect the complaint. That application was numbered as MA/11/570. However, that Misc. application was heard and was decided by the State Commission by order dated 20/03/2012 and the said delay condonation application was rejected. After rejecting the said misc. application, State Commission passed an order in main consumer complaint as follows:-
“By passing a separate order, MA/11/570 stands rejected. Complaint to proceed further. Matter stand adjourned to 09/05/2012.”
Accordingly, today complainant has appeared. However, when it is an admitted fact that initially complaint was admitted and he prays for condonation of delay and since delay application has been rejected, complaint automatically stands rejected. We are unable to understand as to how in the present consumer complaint, Commission can proceed further when the delay condonation application is rejected. Without entering into much controversy, we only observe that this complaint stands rejected in view of the rejection of delay condonation application.
Pronounced on 9th May, 2012.
