National Consumer Disputes Redressal
Asst. Director, Dist. Insurance ... vs G. Nirmala Kumari & 2 Ors. on 10 January, 2019
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3441 OF 2018 (Against the Order dated 12/02/2018 in Appeal No. 848/2013 of the State Commission Telangana) 1. ASST. DIRECTOR, DIST. INSURANCE OFFICER GOVT. OF A.P. WYRA ROAD, DR. GORKEY COMPLEX KHAMMAM ...........Petitioner(s) Versus 1. G. NIRMALA KUMARI & 2 ORS. W/O. LT. PRABHU DAS, REP. BYV. VEERENDER, PRESIDENT, CONSUMER WELFARE COUNCIL, 7-6-60, MEDARIVARI VEEDHI, KHAMMAM 2. THE PRINCIPAL S.R. & B.G. N.R. GOVERNMENT COLLEGE KHAMMAM 3. THE PRINCIPAL, GOVT. DEGREE & P.G. COLLEGE BHADRACHALAM, KHAMMAM ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : Mr. P. Venkat Reddy, Advocate Mr. Prashant Tyagi, Advocate For the Respondent :
Dated : 10 Jan 2019 ORDER Heard the Learned Counsel for the Petitioner and perused the impugned order, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission), whereby the Appeal, preferred by the Petitioner herein, has been dismissed.
The Petition has been filed with a delay of 198 days. In para-3 of the Application, seeking condonation of delay, the Petitioner has stated as under:
"3. It is submitted that the orders of Telangana State Consumer Disputes Redressal Commission dated 12.02.2018 in FA 848/2013 and FA 1229/2013 against CC No. 114 of 2011 of District Forum Khammam were not received as per the available records in the office of the Assistant Director, District Insurance Office Khammam as the office was shifted from Dr. Gorkey Building Wyra Road, Khammam to a new location at H.No.10-6-183/15.1st floor B.C. Colony Road Raparthi Nagar, Khammam 507001 in the last week of March 2018 and functioning started from 01-04-2018.
It is further submitted that the Asst. Director in the office was also placed under suspension for other reasons from 01-10-2018. When the things stood like this, the notice in PP NO8/2018 in CC No114 of 2011 of District Forum Khammam for implementation of orders of TSCDRC in FA.No848/2013 and 1229 of 2013 were received on 04-12-2018 and the present incumbent Asst. Director, Khammam (FAC) immediately took action to prefer Revision before this Commission. It is submitted that some time also got consumed in obtaining the necessary approvals. It is further submitted that the release of such payments becomes a precedent case and goes against the orders of Government in G.O. (P) No. 423 Dt. 29-11-2005."
From a perusal of the aforesaid explanation, we find that no specific date has been given as to when the order passed by the State Commission in the Appeal, preferred by the Petitioner himself, was received.
That being the position, the explanation furnished by the Petitioner is not satisfactory. Accordingly, the Application, seeking condonation of delay, is rejected. Consequently, the Revision Petition is also dismissed.
......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER