National Consumer Disputes Redressal
National Insurance Co. Ltd. vs M/S. Baboo Lal Sood & Sons on 14 October, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2509 OF 2014 (Against the Order dated 24/04/2014 in Appeal No. 45/2014 of the State Commission Himachal Pradesh) 1. NATIONAL INSURANCE CO. LTD. BRANCH OFFICE THE MALL SOLAN,H.P
DIVISIONAL OFFICE AT HIMLAND HOTEL,
CIRCULAR ROAD, SHIMLA - 171001 H.P ...........Petitioner(s) Versus 1. M/S. BABOO LAL SOOD & SONS RAILWAY ROAD,SOLAN,
THROUGH ITS PROP SH.VISHAL SOOD DISTRICT : SOLAN H.P ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
For the Petitioner : Shri Madhurendra Kumar, Adv. For the Respondent : Shri Sanjay Sood, Adv.
Dated : 14 Oct 2015 ORDER
Pronounced on 14th October, 2015
ORDER
PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by petitioner against order dated 24.4.2014 passed by State Commission in FA No. 45/2014- National Insurance Co. Ltd. Vs. M/s. Baboo Lal Sood & Sons; by which appeal was dismissed as barred by limitation.
Complainant/respondent filed complaint before District Forum and Learned District Forum vide order dated 21.10.2013 allowed complaint and directed opposite party/petitioner to pay Rs. 4,19,000/- with 9% p.a. interest alongwith compensation of Rs. 5,000/-. Opposite party filed appeal alongwith application for condonation of delay of 49 days. Learned State Commission vide impugned order dismissed appeal as barred by limitation against which this revision petition has been filed.
Heard Learned Counsel for the parties finally at admission stage and perused record.
Learned Counsel for petitioner submitted that in spite of giving reasonable explanation for condonation of delay, Learned State Commission committed error in dismissing complaint as barred by limitation, hence, revision petition be allowed and impugned order be set aside, delay be condoned and matter may be remanded back to Learned State Commission for deciding appeal 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.
-3-Opposite party in application for condonation of delay submitted that copy of order of District Forum was received on 7.11.2013 on which opinion was sought from the concerned Advocate who gave his opinion vide letter dated 4.12.2013 which was received in opposite party's office on 11.12.2013 which was sent for approval to Divisional Office and, in turn, it was sent to Regional Office on 19.12.2013 who granted permission to file appeal and after receiving a cheque of Rs. 25,000/-, appeal was filed on 6.2.2014. No doubt, delay of more than one month was caused by Regional Office in granting permission to file appeal but as there was delay of only 59 days in filing appeal with reasonable explanation and as office of Public Sector Undertakings takes time in processing files, delay in filing appeal should have been condoned subject to cost, by Learned State Commission in the light of judgments of Hon'ble Apex Court in (1) Civil Appeal Nos. 10120-10121 of 2014- Jeevanti Devi Vs. Commercial Motors & Anr.; (2) Civil Appeal No(s). 10289 of 2014- A.T.S. Govindarajane Vs. Chief Manager, State Bank of India; (3) Civil Appeal No. 5071 of 2014- Taipen Traders Ltd. & Anr. Vs. M/s. Bhawani Cold Storage & Ors.; by which delay of 135 days, 149 days and 218 days, respectively, in filing revision petition was condoned. Learned State Commission has committed error in dismissing application for condonation of delay as well as appeal.
Consequently, revision petition filed by petitioner is allowed and impugned order dated 24.04.2014 passed by Learned State Commission in FA No. 45/2014- National Insurance Co. Ltd. Vs. M/s. Baboo Lal Sood & Sons; is set aside and delay in filing appeal is condoned subject to payment of cost of Rs. 5,000/- to respondent on or before the date of appearance before State Commission.
-4-Learned State Commission is directed to decide appeal on merits as per law and parties are directed to appear before State Commission on 19.11.2015.
-sd/-
......................J K.S. CHAUDHARI PRESIDING MEMBER