MAKHAN SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED
LAWS(PUNCDRC)-2010-5-7
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 26,2010

MAKHAN SINGH Appellant
VERSUS
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

- (1.) THIS appeal was filed with delay of 188 days. This application was filed for condonation of delay.
(2.) IT was pleaded that the impugned order was passed by the District Forum, Jalandhar on 17.7.2006. The appellant/applicant was under the impression that the certified copy of the impugned order shall be sent by the District Forum by post and thereafter the appellant was to file an appeal against the said order. However the District Forum did not send a copy of the impugned order dated 17.7.2006. The applicant filed the application before the District Forum on 11.1.2007 for the certified copy of the order dated 17.7.2006 and he received a copy of the order on the same day. The applicant approached his Counsel at Chandigarh on 19.1.2007. He was asked to bring some more documents which the applicant supplied to his Counsel on 17.2.2007. The appeal was filed on 19.2.2007 without delay. Hence it was prayed that the delay of 188 days in filing the appeal be condoned. This application was supported by the affidavit of the applicant.
(3.) THE respondents filed the written reply. It was pleaded that the applicant has concocted the frivolous story to justify the delay. The applicant had engaged a Counsel in the District Forum, Jalandhar who was well aware about the procedure for obtaining certified copy from the District Forum. There was no justifiable ground to condone the delay. Hence dismissal of the application was prayed. The impugned order dated 17.7.2006 was passed by the District Forum, Jalandhar in the presence of the Counsel for both the parties including the Counsel for the applicant. If the copy of the order dated 17.7.2006 was not received by the applicant in a reasonable time, he could have contacted his Counsel for obtaining a copy of the impugned order dated 17.7.2006. However, the applicant slept over the matter for about six months and applied for the certified copy of the impugned order only on 11.1.2007. No reasons have been given by the applicant as to why he kept on sleeping for such a long time if he had not received the copy of the impugned order dated 17.7.2006 from the District Forum. Therefore, the story concocted by the applicant is unbelievable.;


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