State Consumer Disputes Redressal Commission
Manjit Singh vs The Manager, National Insurance ... on 17 October, 2013
2nd Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
Misc. Appl. No.40 of 2012
In/and
First Appeal No.21 of 2012.
Date of Institution: 06.01.2012.
Date of Decision: 17.01.2013.
Manjit Singh son of late Sh. Jaswant Singh Babbar, R/o Trimmu Road, near
Babbar Hospital, Gurdaspur.
..... Appellant/ Applicant.
Versus
1.The Manager, National Insurance Company Limited, Div. No.10, Flat No.101-106, N-I, BMC House, Connaught Place, New Delhi-110001.
2. The Branch Manager, National Insurance Company Limited, near Bus Stand, Pathankot.
3. The Manager, Vehiclades Pvt. Ltd. (Authorized Maruti Dealer) Outlet, Village Babri, Tehsil and District Gurdaspur.
4. The Manager, Pathankot Vehicleades Pvt. Ltd. Authorized Dealers for Maruti Udyog Limited, Behind A.B. College, Pathankot.
...Respondents.
Misc. Application U/s 5 of Limitation Act for condonation of delay of alleged 58 days In/And First Appeal No.21 of 2012 against the order dated 17.10.2011 of the District Consumer Disputes Redressal Forum, Gurdaspur.
Before:-
Shri Inderjit Kaushik, Presiding Member. Shri Baldev Singh Sekhon, Member. Present:- Sh. G.S. Nahel, Advocate, with Sh. Manjit Singh, appellant in person.
Sh. Parminder Singh, Advocate, counsel for respondents no.1 & 2.
Respondents no.3 & 4 Exparte. INDERJIT KAUSHIK, PRESIDING MEMBER:-
Applicant/appellant- Manjit Singh (In short, "the applicant") has filed this application for condonation of delay of 58 (alleged) days in filing the present appeal.Misc. Appl. No.40 of 2012 2
In/and First Appeal No.21 of 2012
2. We have heard the learned counsel for the parties and have gone through the record.
3. The applicant has filed the present application for condonation of delay of 58 days in filing the appeal, but the perusal of the certified copy of the impugned order dated 17.10.2011 shows that it was despatched to the applicant on 11.11.2011 as per the stamp of the District Forum affixed on the copy of the order. The limitation to file the appeal under the Consumer Protection Act, 1986 is 30 days which starts from the date of receipt of copy of the order of the District Forum. In the application itself, the applicant has mentioned that the certified copy of the order was despatched to him on 11.11.2011 and it is presumed that the applicant must have received the certified copy of the order upto 18.11.2011. As such, the period of limitation shall start from 19.11.2011 and the applicant could file the appeal within 30 days i.e. upto 17.12.2011, but the present appeal has been filed on 06.01.2012 and there is a delay of mere 18 days. The explanation given by the applicant for the delay in filing the appeal is that he was under the impression that the limitation period is 90 days. In our opinion, the delay of 18 days aforesaid can be condoned in the interest of justice.
4. In view of above discussion, the application filed by the applicant is allowed and the delay of 18 days in filing the present appeal, is condoned.
5. The arguments in the application were heard on 16.01.2013 and the order was reserved. Now the order be communicated to the parties.
(Inderjit Kaushik) Presiding Member (Baldev Singh Sekhon) Member January 17, 2013.
(Gurmeet S)