Below Delay Condonation Application

Per Mr. Justice A. P. Bhangale, Hon’ble President

1.      Adv. Mr K Mandal appeared for the applicant / appellant and submitted that due to his personal reasons delay had occurred to prefer the appeal questioning dismissal order passed by the learned District Consumer Forum, Nagpur in consumer complaint No. 210/07 dtd.14.09.2007.

2.      It appears that motor vehicles – Volvo bearing Registration No. KA-01-A-2420 & 2421, model of 1999, insured with the O.P. – Oriental Insurance Company Ltd., No.1, Shankar House, Mekhri Circle, Banalore. The policy was valid between 18.08.2001 and 17.08.2002 for assured sum of Rs.39.25 Lacs. The premium sum of Rs.32,196/- was paid. The motor vehicle met with an accident on 27.05.2002 one third party truck dashed against it near Borgaon Manju, Dist. Akola. Vide FIR bearing No.62/2002 the incident was reported at Borgaon Manju Police station in Akola District and O.P. made survey in respect of spot of incident and assessed the damage. 

3.      The learned Forum after hearing oral submission, expressed opinion that motor vehicle was registered at Bangalore after it was purchased at Bangalore and cause of action arose at Bangalore to claim insurance amount.  The complainant could not prove that the O.P. Oriental Insurance Company, Bangalore has no working control over its Nagpur Branch.  Thus, there was no documentary evidence before the learned Forum to enable it exercise territorial jurisdiction to entertain the

complaint in view of Sec.2 of Consumer Protection Act.

4.      Thus, on the ground of want of territorial jurisdiction the complaint was dismissed with liberty to the complainant to approach appropriate Forum having jurisdiction to redresses grievance.

5.      Since the material fact that motor vehicle was registered at Bangalore and bought at Bangalore and also insured at Bangalore, having Karnataka registration number, in our opinion the learned Forum has rightly granted liberty to the complainant to approach appropriate Forum or the Court as the complaint may deem fit.

6.      Thus, under these circumstances, we will not entertain the delay condonation application for entertaining the appeal. As according to the learned advocate for the applicant, there is a delay of 978 days in filing the appeal. It is a huge unexplained delay.  Hence, the application is dismissed.

          Consequently, the appeal is dismissed in limine.

          Copy of the order be furnished to both parties free of cost.