State Consumer Disputes Redressal Commission
The Oriental Ins Co.Ltd vs Bipinbhai Tribhovandas Vyas on 6 March, 2023
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
STATE OF GUJARAT
COURT NO.5
CMA no.163 of 2023
APPLICANT: The Oriental Ins. Co. Ltd.
VS
RESPONDENT: Bipin T. Vyas
CORUM: Mr. R.N. Mehta, Presiding Member
Appearance: Ms.Dimple Thaker Advocate for Applicant Mr.B.D. Hajare Advocate for the Respondent (By Mr. R.N. Mehta, Dt.06/03/2023)
1) Being aggrieved and dissatisfied with the order and judgment dated 14/10/2022 of District Commission, Gandhinagar, in complaint no.167 of 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 60 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) Initially, show cause notice as to why delay should not be condoned was issued to the respondents
3) On receipt of notice, Mr. B.D. Hajare has filed appearance for respondent.
4) Heard Ms.Dimple Thaker for applicant and Mr. B.D. Hajare for the respondents.
Read application and perused documents placed on record.
5) According to Ms.Dimple Thaker the impugned order was pronounced on 14/10/2022, however, copy thereof was made available to party on 19/10/2022. The appeal was presented on 03/02/2023. Thus there is delay of 60 days.
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6) Ms.Dimple Thaker submits that reasons for delay are as under:
a) That the impugned order is dated 14/10/2022. The certified copy of the impugned judgment was applied on - . The certified copy of the order was ready on 19/10/2022. The advocate for the applicant was supplied with papers in the first week of the December, 2023. Thereafter the advocate prepared the draft of appeal and application for stay. The advocate thereafter addressed email to the appellant insurance company and called for the documents which are required for finalizing the draft and preparation of the matter. The documents were received and then the draft was finalized and was sent for approval and signing for the concerned authority. In the meantime the period of limitation expired resulting into delay of 60 days in filing the captioned appeal.
7) He submits that there was no intentional delay an appeal has been preferred at the earliest and the applicant has good case on merits. There are all probabilities that applicant may succeed in appeal. If delay is not condoned, it will cause great injustice to the applicant. If delay is condoned, it will not cause any injustice to the present respondents because even in appeal their legitimate right to defend is protected by law.
8) Mr. B.D. Hajare for the respondents submits that the reasons mentioned in application are administrative in true sense which could have been minimized as it was well within the control of the applicants. No diligent steps have been taken to avoid any such delay.
9) I am the opinion that administrative delay can also be minimized with diligent efforts. When the law prescribed period for filing appeal, the aggrieved party should take up the cause as early as possible. Delay beyond more than reasonable period, that too, over and above the period prescribed under the law, clearly suggests that applicant have not made sincere efforts to minimize delay. It also can be said that time has been allowed to run carelessly. It is well said that delayed justice is no justice and therefore the other part should not be made to suffer. 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. It is in these circumstances, I pass following order.
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ORDER
Misc. Application No.163 of 2023 is hereby allowed and delay of 60 days in preferring appeal is hereby condoned subject to cost of Rs.1000/- which is payable to respondent No.1 within four weeks from today.
The office is hereby directed to register appeal and to put it before appropriate bench for admission hearing of appeal on.06/04/2023.
Pronounced today on this 6th of March 2023
Mr. R N Mehta
Presiding Member
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Shivam MA-163-2023