CHALLA PARABRAHMA RAO Vs. DIVISIONAL MANAGER, LIC OF INDIA
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
CHALLA PARABRAHMA RAO
DIVISIONAL MANAGER, LIC OF INDIA
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THIS is an
application to condone the delay of 90 days in filing the appeal. What is
stated in the petitioners affidavit is that the complaint filed by him
was dismissed by the District Forum, Visakhapatnam on 21.10.2002. As he
was transferred to Hyderabad from Visakhapatnam during the year 2002 he
was pre -occupied with bench work and inspection work and he could not
contact his Advocate at Visakhapatnam.
(2.) WHEN he visited Visakhapatnam in March, 2003 he came to know from his Counsel that C.D. No. 521/2001 was dismissed on 21.10.2002. Then
he immediately filed the appeal. Hence there is a delay of 90 days in
filing the appeal.
(3.) WE cannot accept this exaplanation. It cannot be believed that the petitioner was busy and he had no time to contact his Advocate at
Visakhapatnam from 21.10.2002 to 20.3.2003. He himself has neglected to
find out the result of the case and as such he himself is responsible for
the consequences. The vested right accrued to the respondent cannot be
likely interfered with for no fault of the opposite parties. The petition
is devoid of merits and is accordingly dismissed. Even otherwise there
are no merits in the appeal.
The appellant had taken ˜Jeevan Suraksha policy from the opposite parties on 25.3.2000 by making a deposit of Rs. 10,000/ -. The
opposite party by its letter dated 27.5.2000 informed the complainant
that the policy will be accepted without covering the risk of life
subject to his consent. As there was no response the opposite party
refunded the amount after deducting medical charges. However, the
complaint is filed claiming a sum of Rs. 1 lakh towards damages for
mental agony on the ground that there is deficiency in service on the
part of the opposite party in arbitrarily rejecting the proposal and
imposing onerous conditions.;
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