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V.K.JAIN
Sonell Clocks and Gifts Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Counsel for the Parties:
For the Appellant:Mr. Jitendra Mohan Sharma, Sr. Advocate, Mr. Joseph Fernandes, Ms. Shweta Jain, Advocates
For the Respondent:Mr. Joy Basu, Sr. Advocate, Mr. J.P.N. Shahi, Mr. Rajat Khattry, Advocates

ORDER

V.K. Jain, Presiding Member—The complaint was dismissed by this Commission vide its order dated 10.12.2015. Being aggrieved from the dismissal of the complaint, the review petitioner/complainant preferred an appeal before the Hon’ble Supreme Court. The said appeal came to be disposed of vide order dated 26.02.2016, which to the extent it is relevant for this review petition, reads as under:

“Heard Mr. Jitendra Mohan Sharma, learned senior counsel for the appellant. It is submitted by the learned counsel that the insurer has waived the condition relating to delay in intimation by appointing a surveyor.

On a perusal of the order passed by the National Consumer Disputes Redressal Commission (N.C.D.R.C.), New Delhi, we do not find that the said issue was raised before the NCDRC.

In view of the aforesaid, we permit the appellant to file an application for review and put forth the issue of waiver before the NCDRC within a period of four weeks hence. The NCDRC will entertain the application for review singularly on this score”.

2. In terms of the liberty granted by the Hon’ble Supreme Court, this review petition has been filed by the complainant. In view of the specific direction o




























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