ORIENTAL INSURANCE CO LTD Vs. MANI RAM OF HISSAR

JUDGEMENT

(1.) This is an application for the condonation of considerable delay in preferring the appeal under Sec.15 of the Consumer Protection Act. By the order under appeal, the District Forum, Hissar has merely directed the payment of Rs.7,865/- only against the respondent's claim for reimbursement under the Medi-claim Insurance Policy validly executed with the appellant Insurance Company.

(2.) The order under appeal was passed on the 12th of September, 1991. The appeal however, was filed as late as 30th of October, 1991 well beyond the prescribed period of 30 days under Sec.15 of the Act. In the application, it has been somewhat tenuously suggested that the period of limitation should run from the date when the appellant received a copy of the order by post on the 1st of October, 1991.

(3.) Now within this jurisdiction, it is well settled that the terminus for computing the limitation under Sec.15 of the Act runs from the date of the order under appeal alone. It is unnecessary to examine this matter afresh because it has been exhaustively dealt with in First Appeal No.16 of 1990 'haryana State Electricity Board V/s. Dinesh Kumar, 1992 1 CPJ 359' decided on the 4th of February, 1991. Therein after a detailed discussion of the statutory provisions as also of precedent and principle, it has been concluded as under :-