NEW INDIA ASSURANCE CO. LTD. vs M/S. Nakoda Trading Co.

THIS revision petition has been filed by the petitioner against the order dated 22.1.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, ''the State Commission '') in M.A./10/340 a/w A/10/653 - New India Assurance Co. Ltd Vs. M/s. Nakoda Trading Co. & Anr. by which, application for condonation of delay was dismissed.

BRIEF facts of the case are that complainants/respondents filed complaint before District Forum and learned District Forum vide order dated 26.03.2010 allowed complaint and directed OP to pay a sum of Rs.2,68,521/ - along with 9% p.a. interest and further awarded Rs.5,000/ - as cost. OP filed appeal along with application for condonation of 59 days delay and learned State Commission vide impugned order dismissed application for condonation of delay against which, this revision petition has been filed. Heard learned Counsel for the parties finally at admission stage and perused record.

LEARNED Counsel for the petitioner submitted that petitioner satisfactorily explained delay in filing appeal; even then, learned State Commission committed error in dismissing application for condonation of delay and dismissed appeal; hence, revision petition be allowed and application for condonation of delay be allowed and impugned order be set aside and matter may be remanded back to the learned State Commission for deciding appeal on merits. On the other hand, learned Counsel for the respondents submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be filed.

LEARNED State Commission in its order referred paragraph 3 of the application for condonation of delay and further observed that delay could have been avoided as offices were backed with full automation assisted with computerization. No doubt, delay could have been avoided by the petitioner in filing appeal, but as there was some delay in issuing copy of the order and some delay occurred due to Advocate left for holidays and, as there was delay of only 59 days in filing appeal, it would be appropriate to allow the application for condonation of delay in the light of judgment of the Hon ''ble Apex Court in (2005) 3 SCC 752 - State of Nagaland Vs. LipokAO and Ors. In the aforesaid case delay of 57 days in filing appeal was condoned by the Hon ''ble Apex Court. In the case in hand, as there was delay of 59 days, we deem it appropriate to condone the delay. Learned Counsel for the respondents has placed reliance on the judgment of this Commission in R.P. No. 3013 of 2012 - G.B. Pant Hospital & Anr. Vs. AvtarKishan & Anr. in which delay of 153 in filing revision petition was not condoned. In the case in hand, there was delay of only 59 days, that too on account of Advocate ''s proceeding on holidays and late receipt of order by the Corporate Office, it would be appropriate if appeal is decided on merits.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and impugned order dated 22.01.2013 passed by Learned State Commission in M.A./10/340 a/w A/10/653 - New India Assurance Co. Ltd Vs. M/s. Nakoda Trading Co. & Anr. is set aside subject to payment of Rs.10,000/ - as cost to the respondent within a period of 4 weeks '' and delay stands condoned. If the said payment of cost is not made within the stipulated period, the revision petition shall stand dismissed. Learned State Commission is directed to decide the appeal on merits after giving an opportunity of being heard to both the parties.

PARTIES are directed to appear before the learned State Commission on 4.7.2014.