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State Consumer Disputes Redressal Commission

The New India Ass. Co Ltd vs Messers Arsh Refrigration on 18 July, 2023

       IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                                 STATE OF GUJARAT

                                    COURT NO.4

                                  MA No. 552/2023

APPLICANT:          The New India Assurance Co. Ltd.

                                        VS

RESPONDENT:         M/s. Arsh Refrigeration.

CORUM:              Mr. R.N. Mehta, Presiding Member.

APPEARANCE: Ms. Dimple Thakker, Ld. Advocate for Applicant.

Party in person for Respondents.

ORDER BY Hon'ble Mr. R. N. MEHTA, PRESIDING MEMBER.

Dt. 18/07/2023

1) Being aggrieved and dissatisfied with the order and judgment dated 21/01/2023 of District Commission, Nadiyad, in Consumer complaint no. 68/2020 the applicant herein wants to prefer appeal under the provisions of The Consumer Protection Act, 2019 (old Act of 1986). However, the appeal is being filed delayed by 52 days and to condone such delay, the applicant herein files this application under Sec. 41 of The C P Act, 2019 ( in old Act, Sec. 15) read with Sec.5 of the Limitation Act.

2) Show cause notice was issued & record shows it has been served.

3) Heard Ms. Dimple Thakker, for applicant. Respondent present in person.

4) Read application. Reasons for delay have been examined and satisfied that the applicant has explained the delay and there was sufficient reason to cause delay.

5) Applicant stats that it has good case on merits if delay is not condoned it has to suffer just for the reasons beyond its control.

6) We believe that the delay can also be minimized with diligent efforts. When the law prescribed period for filing appeal, within stipulated period the aggrieved party should take up the cause as early as possible. Although just because there is delay the right to appeal cannot be died. Just to put a curb on habit of filing of appeals with delay of more than reasonable period it would be just and proper to impose cost on the applicant.

7) Since the reasons explained properly and there was no intention to cause delay. We are of the opinion that delay is to be condoned. Hence, final order is passed as below.

ORDER

1. Misc. Application No. 552 of 2023 is hereby allowed and delay of 52 days in preferring appeal is hereby condoned subject to cost of Rs. 1,000/- which is to be paid to respondent by Demand Draft within four weeks from today.

2. The office is hereby directed to register appeal and to put it before appropriate bench for admission hearing of appeal on 28/08/2023.

Pronounced today on this 18th July, 2023.

[R.N. Mehta] Presiding Member.