Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member
This appeal has been filed by the complainant whose complaint was dismissed by the District Consumer Forum, South Mumbai in consumer complaint No.240/2009. In fact we have cursorily gone through the impugned order passed by the District Consumer Forum which is challenged in this appeal. We are finding that the maximum amount payable as per terms and conditions of the Medi Claim Policy was Rs.50,000/- and Forum below already mentioned in its order while dismissing the complaint that as per policy for Hysterectomy operation amount of Rs.50,000/- was paid and therefore, there is no deficiency in service on the part of Insurance Company. Against the dismissal of complaint, this appeal has been filed. In filing appeal, there is delay of 97 days and to seek condonation of delay, Misc. Appl. No.541/2010 has been filed. In the said application, delay of 97 days has been mentioned in filing appeal, whereas, medical certificate produced on record by the appellant revealed that for 15 days Mr.Yogesh Shah was medically unfit and on 31/05/2010 he became fit. So, this certificate of 15 days unfitness is not sufficient to condone the delay of 97 days. No just and sufficient cause has been mentioned in the condonation of delay application to condone the delay. In the circumstances, delay in filing appeal is not properly explained by citing just and sufficient cause and therefore, this application is required to be rejected. Hence, we pass the following order:- -: ORDER :- 1. Misc. Appl. No.541/2010 for condonation of delay stands rejected. 2. Even on merits also appellant has no case. But, in view of fact that we have not condoned the delay, appeal does not survive for consideration. 3. No order as to costs. 4. Copies of the order be furnished to the parties. | 
