NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. NC/RP/2520/2024 (Against the Order dated 04 August 2023 in Appeal A/15/1441 of the State Commission Madhya pradesh)

RELIANCE LIFE INSURANCE CO. LTD. & ANR. PRESENT ADDRESS - 1ST FLOOR VALLABH ENTERPRISES, OPPOSITE S.N. COLLEGE , MUMBAI , MAHARASHTRA , RELIANCE NIPPON LIFE INSURANCE CO. LTD. PRESENT ADDRESS - H BLOCK, FIRST FLOOR, DHIRUBHAI AMBANI KNOWLEDGE CITY, NAVI MUMBAI , MUMBAI , MAHARASHTRA , .......Petitioner(s)

Versus HARISH KHADE & ORS. PRESENT ADDRESS - GRAM MOKAL VILLAGE, THESIL PANDHANA, JHILLA KHANDWA , BHOPAL , MADHYA PRADESH , SMT. SUNITA VALMIK DHATRAK PRESENT ADDRESS - 890,RAILWAY NORTH COLONY, NEAR SANT GADGE SCHOOL, BHUSAWAL , MUMBAI , MAHARASHTRA , KAMLESH KHADE PRESENT ADDRESS - VILLAGE MOKAL, THESIL PANDHANA, , BHOPAL , MADHYA PRADESH , RAJU KHADE PRESENT ADDRESS - VILLAGE MOKAL, THESIL PANDHANA , BHOPAL , MADHYA PRADESH , .......Respondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON'BLE DR. SADHNA SHANKER, MEMBER FOR THE PETITIONER: MR. SACHIN DAGA, ADVOCATE (V.C) FOR THE RESPONDENT: MS. SHIVANI SHARMA, ADVOCATE DATED: 28/01/2025

ORDER

1. The present Revision Petition (RP) has been filed by the Petitioners against the order dated 04.08.2023 of the State Commission Madhya Pradesh in FA No.1440 of 2015. The RP has been filed with a delay of 323 days as per calculations made by the Registry of NCDRC. In the condonation of delay application, the period of delay mentioned is 141 days. It is the case of the petitioner that they got the free certified copy on 01.02.2024 only.

Hence, the delay has been calculated from this date.

2. In order to condone the delay in filing the RP, the Petitioners have to satisfy this Commission that there was sufficient cause for preferring the RP after the stipulated limitation period. An IA No. 14354 of 2024 dated 19.09.2024 has been filed, seeking condonation of delay. In the said IA, period of delay mentioned is 141 days and inter alia following reasons for delay/ grounds for condonation have been mentioned as follows:

(a) The impugned order has been passed on 04.08.2023, and the certified copy was applied for on 11.08.2023 and the same was received by the local counsel on 01.02.2024 and thereafter dispatched to the petitioner company in Mumbai. Hence, the 90 days period for filing the revision has been expired whereas the certified copy of the order was received on 01.02.2024.

(b) The first free copy of the impugned order was made ready by the office of the Ld. State Commission and received by the local counsel of the petitioner company, but, the said local counsel never sent the original certified order to the petitioner company for the reason best known to him and even till date he has not delivered the said certified copy of the order to the petitioner company.

(c) After receiving the order copy, the Petitioner Company discussed the case with senior management and decided to file a Revision Petition. They instructed their Bhopal counsel to send the file to their Mumbai office, where the case was entrusted to the current counsel. Following discussions and modifications, the finalized Revision Petition was sent to Delhi for filing.

(d) Hence there is a delay of 141 days in filing the Revision Petition, which is neither intentional nor deliberate, and hence deserves to be condoned in the interest of justice.

3. A perusal of the records before us shows that the impugned order of the State Commission was pronounced on 04.08.2023 and the present RP has been filed on 20.09.2024 i.e. after a period of 413 days. The first free certified copy of the impugned order was obtained on 01.02.2024 and excluding the period for obtaining the first free copy, and the statutory permissible period of 90 days, the delay in filing RP comes to 142 days.

4. We have carefully gone through the reasons for delay / grounds for condonation mentioned in IA No. 14354 of 2024 as well as those adduced during the hearing in