SUDESH KUMAR Vs. NATIONAL INSURANCE COMPANY LIMITED
JAMMU AND KASHMIR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE COMPANY LIMITED
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(1.) THROUGH the medium of this application, the applicant has prayed for the condonation of delay for filing the revision petition against the order of the learned Divisional Forum, Jammu (hereinafter referred to as the Forum) which dismissed his complaint on 12.10.2004.
(2.) THE ground for condoning the delay is the alleged sickness of the applicant from 1.10.2004 to 24.4.2005 and that prevented him to contact his Counsel either personally or through telephone. During the said period, the applicant s brother had once met applicant s Counsel on 29.2.2005 and could elicit the information that Forum had dismissed the complaint on 12.10.2004. On 1.3.2005, his brother applied before the Forum for getting a certified copy thereof which was supplied to him on the same day. Thereafter, the applicant approached his Counsel for drafting the revision petition, which was filed herein on 25.4.2005. These averments are sworn on the accompanying affidavit and a medical certificate is attached as a piece of evidence to prove the factum of illness.
(3.) THE non -applicants in their application have pleaded that the medical certificate in question is neither written on prescribed form nor had been issued by the competent authority and as such cannot be taken into consideration. It is also pleaded that the alleged disease is not of such a nature which could have made him bed -ridden. That the impugned order is applicable hence no revision petition is maintainable. The application is vague as it does not contain the dates on which the Counsel was contacted.
Heard the arguments of the learned Counsel for the parties.;
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