- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, ('The Act' for short) is directed against the order dated 19.9.2006 in Complaint No. 54/2006 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called 'District Forum' for short) directing the appellant to pay to the complainant/appellant Rs. 1,00,000 with interest etc. towards the policy issued by the appellant covering the risk of daughter of the complainant/respondent.
(2.) THOUGH , the impugned order was passed on 19.9.2006 and the copy of the said order was received by the appellant on 20.9.2006 but the appeal has been filed on 6.11.2006 i.e., with a delay of about 16 days. An application for condonation of delay has been filed. It is stated in the said application that though, the appeal has ought to have been filed by 18.10.2006. However, it could not be filed within limitation as aforesaid; because after the receipt of the copy of the impugned order on 20.9.2006, the same was sent by the Branch Office of the appellant at Raipur to their Head Office at Pune. However, the copy of the said impugned order was by mistake filed in some other file and was recovered only on 2.11.2006, while cleaning the office. Thereafter, the same was sent on 4.11.2006 to their Branch Office at Raipur. Whereafter the memo of the appeal was prepared and was filed on 6.11.2006.
(3.) IT was submitted by the learned Counsel for appellant/insurer that since the copy of the impugned order was filed in some other file, hence the delay was caused in filing appeal. An affidavit of the executive legal of the appellant, posted at Raipur, has been filed in support of the application. The application has been resisted by the complainant/respondent.;