Supreme CourtDivision Bench

Vijay Luiz vs The New India Assurance Co. Ltd. & Ors

Supreme Court Of India · Decided on 9 December 2019 · Citation: (2019) 12 SC CK 0182

HON’BLE JUDGES
Uday Umesh Lalit, J · Vineet Saran, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 9379 Of 2019
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Judgment

8 paragraphs · 206 words

Leave granted.

This appeal challenges the final judgment and order dated 20.05.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi, in Revision petition No.1035 of 2019.

The revision petition preferred by the appellant herein was delayed by 259 days and the National Commission did not accept the explanation offered seeking condonation thereof. Consequently, the application for condonation of delay was rejected and the revision also stood rejected by the order, which is now under challenge in this appeal.

Considering the entirety of the facts on record, in our view, the ends of justice would be met if the delay in preferring the revision petition is condoned, subject to the appellant making over a sum of Rs.25000/- to the respondent-insurance company. Let the amount be deposited in the Registry of the National Commission within three weeks from today.

Upon deposit, the respondent-Insurance Company shall be entitled to withdraw the sum.

Upon deposit, the Review petition shall stand restored to the file of the National Commission, which may be disposed of on merits in accordance with law.

In case the amount is not deposited within the time stipulated, the order passed by the National Commission shall stand confirmed.

The appeal stands disposed of in aforesaid terms.