NATIONAL INSURANCE COMPANY LIMITED & ANR Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against order dated 5.8.1998, passed by District Consumer Disputes Redressal Forum, Dumka, in Consumer Complaint No. 75 of 1994, whereby the appellants were directed to pay insurance amount of Rs. 64,690.00 along with compensation amount of Rs. 15,000 to the complainant -respondent.

(2.) ORIGINALLY the appeal was filed before Bihar State Consumer Disputes Redressal Commission at Patna and was registered as F.A. No. 726 of 1998. After bifurcation of erstwhile Bihar State and on establishment of Jharkhand State Consumer Disputes Redressal Commission at Ranchi, the said appeal was transferred from Patna to Ranchi and here it has been registered and numbered as F.A. No. 492 of 2007. This Commission issued notices to both the parties. The appellants appeared and filed brief of written arguments, whereas the complainant -respondent did not appear to contest the appeal. Hence, the appeal is being disposed of on the basis of materials on record.

(3.) THE appeal is time -barred. Limitation expired on 6.9.1998, whereas the appeal was filed on 9.10.1998. It has been stated that true copy of the impugned order dated 5.8.1998 was received in the appellants' office from the District Consumer Forum, Dumka, by memo No. 224 dated 18.9.1998, and thereafter the appeal was filed within thirty days. Hence, delay in filing the appeal is condoned.