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National Insurance Company Ltd. vs. Ram Veer Singh dated 2014-09-12

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

REVISION  PETITION NO.   2298  OF   2014  

(Against the order dated 12.3.2014 in Appeal No. 512 of 2014 

Of U.P. State Commission, Lucknow )

 

National Insurance Company Ltd.

Through its duly Constituted Attorney

Manager

National Insurance Company Ltd.

R.O.-I Level 4, Tower-II

Jeevan Bharati

124, Connaught Circus

New Delhi-110001.                                                                   …  Petitioner

 

          Versus

 

Ram Veer Singh         

S/o Phool Singh

R/o Nagla Bhagia

Mauja Godhna

Post Ghiror

Distt. Mainpuri.                                                             … Respondent

 

BEFORE :

 

          HON’BLE MR. JUSTICE K.S. CHAUDHARI,

 PRESIDING MEMBER

 

 

For the Petitioner                            :         Shri Abhishek Kumar, Adv.

 

For the Respondent              :         Shri B.S. Sharma, Adv.

 

Pronounced on  12th September, 2014


 

ORDER

 

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

          This Revision Petition has been filed by the Petitioner against order dated 12.3.2014 passed by Learned State Commission in Appeal No. 512 of 2014- National Insurance Co. Ltd.  VS. Ram Veer Singh, by which appeal was dismissed as barred by limitation.

          Complainant-Respondent filed complaint before District Forum and Learned District Forum by order dated 25.1.2014 allowed complaint and directed Opposite Party No. 1 & 3-Petitioners to pay Rs. 4,40,000/- with 6% p.a. interest to the Complainant and further directed to pay Rs. 5,000/- for mental agony and Rs. 2,000/- for litigation charges.  Opposite Party filed appeal before State Commissionalongwith application for condonation of delay.  Learned State Commission while dismissing application for condonation of delay, dismissed appeal as barred by limitation vide impugned order against which this Revision Petition has been filed.

          Heard Learned Counsel for the parties and perused record.

          Learned Counsel for Petitioner submitted that as there was delay of only 14 days in filing appeal with cogent reasons, Learned State Commission ought to have condoned the delay but Learned State Commission committed error in dismissing application and dismissing appeal as barred by limitation, hence, Revision Petition be allowed and impugned order be set aside and appeal be remanded back for decision on merits.  On the other hand, Learned Counsel for Respondent submitted that order passed by Learned State Commission is in accordance with Law, hence, Revision Petition be dismissed.

          Petitioner filed application for condonation of delay alongwithappeal which runs as under:-

          ”It is submitted that the application for getting the certified copy of order dated 25.01.2014 passed by the Ld. District Consumer Dispute Redressal Forum ,Mainpuri  was  filed.  The  true  copy of  decision was received on 25.01.2014.  The dealing counsel after receiving the certified copy of the order sent to Branch Manager, Station Road, Mainpuri on 29.01.2014 with his opinion.  After receiving the documents by Regional Office, Dehradun, after giving approval to file an appeal sent the same to their Regional Office, Lucknow.  After receiving the documents, the Regional Office, Lucknow appointed an advocate and the appeal is being filed. The delay caused in filing the appeal is condonable, otherwise the appellant shall suffer the irreparable loss…….”

                      Perusal of application reveals that copy of order of District Forum dated 25.1.2014 was received by Branch Manager on 29.1.2014.  It, further, reveals that Regional Office, Dehradun after receiving other documents and after giving approval to file the appeal sent documents  to Regional Office, Lucknow and Regional Office,Lucknow appointed Advocate who filed the appeal and in this process delay caused.  No doubt, Petitioner has not given specific dates in application for condonation of delay when Regional Office, Dehradun sent papers to Regional Office, Lucknow; when Regional Office,Lucknow appointed Advocate for filing appeal and when Advocate received documents for preparation of appeal.  But, as there is a delay of only 14 days in filing appeal, Learned State Commission ought to have condoned the delay subject to cost.

          Learned State Commission rightly observed that Hon’ble Apex Court in Civil Appeal No. 2474 of 2012- Chief Post Master General and Ors.  VS. Living Media India Ltd. & Anr.,(2012) 3 SCC 563;  declined to condone delay. Hon’ble Apex Court observed that there is no need to accept usual explanation  that  file was  kept pending for several months/ years  due to considerable  degree  of  procedural  red  tape in  the process and Government Departments are under special obligation to ensure that they perform their duties with diligence and commitment.  In the aforesaid matter, there was considerable delay of 427 days whereas in the case in hand, there was delay of only 14 days which occurred due to handling of file by different Regional Offices and in such circumstances, I deem it appropriate to condone delay subject to cost.

          Consequently, Revision Petition filed by the Petitioner is allowed and impugned order dated 12.3.2014 passed by Learned State Commission in appeal No. 512 of 2014- National Insurance Co. Ltd.  Vs. Ram Veer Singh, is set aside and application for condonation of delay is allowed and delay stands condoned subject to payment of cost of Rs. 5,000/- to the Respondent on or before the next date before the StateCommission.  Learned State Commission is directed to decide the appeal on merits after giving opportunity of being heard to both the parties.

          Parties are directed to appear before the State Commission on 28.10.2014.

 

-sd-

.…………………………….

( K.S. CHAUDHARI, J. )

PRESIDING MEMBER

Mk/court4/

 

 

 


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