State Consumer Disputes Redressal Commission
M/S Aziz Wall Paper vs M/S The National Insurance Co Ltd & Anr. on 15 July, 2011
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
Complaint
Case No. CC/11/37
1.M/S AZIZ WALL PAPER MR AZIZ AHMAD KHAN ADD AT SHOP NO 8 VEENA APT SEJAL PARK NEAR OSHIWARA DEPOT, LINK ROAD GOREGAON WEST MUMBAI MUMBAI 400 104 MAHARASHTRA ...........Complainant(s) Versus
1. M/S THE NATIONAL INSURANCE CO LTD UNIT NO 260301 6 TH FLOOR STERLING CINEMA BUILDING 65 MURZBAN STREET FORT MUMBAI MUMBAI MAHARASHTRA
2. M/S. G.D.BANGARD, INSURANCE SURVEYORS, VALUERS & LOSS ASSESSORS, 301, DALAMAL CHAMBERS, 3RD FLOOR, 29, NEW MARINE LINES, MUMBAI-400 020 ............Opp.Party(s) BEFORE:
Hon'ble Mr. D. N. Admane PRESIDING MEMBER Hon'ble Mr. Dhanraj Khamatkar Member PRESENT:
Mr.Durgesh S.Singh-Advocate I/b.India Law for the complainant Ms.Sneha Dwivedi-Advocate for the opponent ORDER Per Mr.Dhanraj Khamatkar, Honble Member Heard both the counsels.
The complainant has filed a consumer complaint along with delay condonation application. In the complaint the cause of action arose on 30/06/2007. In the delay condonation application the complainant has stated that there is delay of 598 days. Further, complainant submitted that the delay was on account of the reasons beyond the control of the applicants and there is no deliberate delay or latches on the part of the applicants for filing the present complaint. We are not at all convinced by the reasons for the delay. In the instant case, delay is of 598 days and vague and unconvincing reasons have been put forth to explain the delay.
It is further submitted by the counsel for the appellant that after prolonged correspondence the opponent repudiated the claim only on 03/03/2010 and the claim of the complainant against opponent had arisen only on that date. Present complaint is filed within 9 months from the said date of repudiation.
In the case of Kandimalla Raghavaiah & Co. V/s. National Insurance Co. Ltd. , III (2009) CPJ 75 (SC) the apex court has observed that the cause of action is a date of incidence and if there is a delay, there should be proper explanation for the delay. The reasons given by the applicant will not extend the cause of action.
In view of the aforesaid fact delay condonation application is hereby rejected. Consequently, complaint stands disposed of.
Copies of the order be furnished to the parties.
Pronounced on 15th July, 2011.
[Hon'ble Mr. D. N. Admane] PRESIDING MEMBER [Hon'ble Mr. Dhanraj Khamatkar] Member Ms.