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NATIONAL INSURANCE CO LTD vs Metal Craft Engineering Pvt Ltd

National Consumer Disputes Redressal Commission · Decided on 12 February 2015 · Citation: 2015 2 CPR 262

HON’BLE JUDGES
D.K.JAIN , M.SHREESHA J.
RESULT
Petition disposed
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Judgment

6 paragraphs · 368 words
1.

THIS Revision Petition by National Insurance Co. Ltd. (for short "the Insurance Company"), calls in question the correctness and legality of order dated 20.2.2014, passed by the State Consumer Disputes Redressal Commission, West Bengal at Kolkata (for short "the State Commission") in F.A. No.959/2013. By the said order, the State Commission has dismissed the Appeal preferred by the Petitioner as barred by limitation. The State Commission has held that the explanation furnished for the delay in filing the Appeal had not been sufficiently explained and there was lack of initiative on the part of the Insurance Company in preferring the Appeal.

2.

SINCE there was some confusion about the date on which free copy of the order passed by the District Consumer Disputes Redressal Forum, Unit -I, Kolkata (for short "the District Forum") on 11.3.2013 in Complaint, being CDF/Unit -I/Case No.203/2012, was issued/supplied to the Insurance Company, vide order dated 13.11.2014, we had asked the District Forum to verify the actual date of dispatch of the free copy of the said order to the Insurance Company and submit a report in this regard. In deference to the said order, a report dated 27.1.2015 has been received from the District Forum, wherein it is stated that the free copy of order dated 11.3.2013 was supplied to the Insurance Company by hand on 12.7.2013. There is no dispute that Insurance Company had filed the Appeal on 8.8.2013.

3.

IN light of the said report, we are convinced that the Appeal preferred by the Insurance Company before the State Commission was well within the period of limitation and, therefore, it should not have been dismissed as barred by limitation. Consequently, the Revision Petition is allowed; the impugned order is set aside and the Appeal is restored on the Board of the State Commission for disposal on merits.

4.

PARTIES /through counsel are directed to appear before the State Commission on 6.4.2015 for further proceedings.

5.

THE amount deposited by the Insurance Company in terms of order dated 13.11.2014 shall be remitted to the State Commission. The State Commission may pass appropriate orders for retention/release of the said amount.

6.

REVISION Petition stands disposed of with no order as to costs.