IN THE NATIO NAL CO NSUM ER DISPUTES REDRESSAL COM M ISSION NEW DELHI S E C O N D A P P E A L N O . N C /S A /7 7 4 /2 0 2 5 (Against the Order dated 13.02.2025 in FA NO. MA 86 of 23 of the State Consumer Disputes - Redressal Commission M aharashtra)

WITH i) NC/IA/13730/2025(CONDONATION OF DELAY)

ii) NC/IA/13731/2025(FOR GRANT OF STAY)

iii) NC/IA/13732/2025(EXEMPTION FOR FILING OFFICIAL TRANSLATION)

iV) NC/IA/13733/2025(EXEMPTION FROM DIM DOCUMENTS)

V.) NC/IA/13734/2025(EXEMPTION FROM FILING TRIAL RECORDS)

BAJAJ LIFE IN SU R AN CE C O M PAN Y LIM ITED , A ppellant(s)

[Erstw hile know as ‘BAJAJ ALLIANZ LIFE IN SU RAN C E CO . LTD.]

having its registered address at Bajaj Allianz House, Airport Road,. Yeraw ada, Puhe-411 006.

Vs

1. SM T. SINDHU M AD H UKAR G H AG R E, W /o. Late M adhukar G hagre, an adult, Indian inhabitant, residing at Plot No. 88,89 Flat No.

301, Shri Sai Seva Shiv Apartm ent, Dabha N agpur - 440 023.

2. BAJAJ HO USING FIN AN CE LIM ITED, 3rd Floor, 304 and 305, Khullar Cham bers, M unje Chowk, Sitabuldi, N agpur - 440012 and having registered address at Bajaj Auto Lim ited Com plex, M um bai Pune Road, Akurdi, P une-411035 R espondent(s)

B E F O R E :

H O N 'B L E D R . IN D E R J IT S IN G H , P R E S ID IN G M E M B E R H O N ’B L E J U S T IC E D R .S U b H IR K U M A R J A IN , M E M B E R For the Appellant(s): M S. SH W ETA SING H PARIHAR, AD V D ated : A0 8 .1 2 .2 0 2 5

O R D E R

1. Heard counsel for the appellant. C hallenge is to order dated 13.02.2025 of the State C om m ission vide w hich First Appeal filed by the appellant herein w as dism issed on account of lim itation having been filed with a delay Of 160 days. Earlier the com plaint w as partly allow ed by the District C om m ission with certain direction to the O pposite Party (appellant herein). The appellant herein w as ex parte before the D istrict C om m ission as they did not appear before the C om m ission despite service of the notice. The SA has been filed with a delay of 191 days as per calculations m ade by the R egistry of NCDRC.

2. In order to condone the delay in filing the SA, the Appellant has to satisfy this C om m ission that there w as sufficient cause for preferring the SA after the stipulated lim itation period. An IA No. 13730 of 2025 has been filed seeking condonation of delay. In the said IA, period of delay m entioned is 186 days and follow ing reasons for delay / grounds for condonation have been m entioned:

a) Delay in issuance of certified copy beyond the Appellant’s control:

That although the im pugned order was passed on 13.02.2025, the certified free copy w as never received. The Appellant’s local associate could dbtaih the certified copy only on 10.06.2025 after repeated enquiries, as the registry consistently stated that the order w as “hot ready”. The delay in issuance of the certified copy is an adm inistrative lapse entirely beyond the Appellant’s control and constitutes sufficient cause for condonation.

b) Transition of officials and bona fide adm inistrative lapses at the zonal level: That at the relevant tim e, the M aharashtra zone w as handled by the then Zonal M anager, M r. Tushar G aikwad, w ho w as on the verge of leaving the organisation and failed to report the receipt of the order or initiate any action. Upon the assum ption of charge by the present officer on 15.07.2025, the lapse w as im m ediately discovered and escalated. The delay thus occurred on account of bona fide internal transition and not due to any negligence.

c) Prom pt action upon know ledge of the im pugned order: That im m ediately upon discovering the order, the m atter was placed before the Head O ffice legal team , legal opinion was sought, and the papers w ere assigned to counsel at New Delhi on 01.09.2025. The appeal w as thereafter drafted, revised and approved w ithout any undue delay, and filed on 18.09.2025. The sequence of events dem onstrates continuous and diligent efforts on part of the Appellant.

d) Refusal to condone delay would resu