When considering delay in filing appeals, courts should adopt a liberal approach, especially in circumstances affecting administrative processes.

MS. SHAILA D. WANDHARE, HON'BLE MEMBER

1. Applicant has filed an application for condonation of delay of 55 days in preferring the appeal under Section 41 of the Consumer Protection Act, 2019 before this Commission. After filing of an application for condonation of delay notice was issued to the respondent and he filed reply to the application for condonation of delay.

2. It is the case of the applicant that the learned District Consumer Disputes Redressal Commission, Gondia passed an impugned order dated 11/01/2022 in Consumer Complaint No. CC/73/2021. The learned advocate for the applicant has contended that the impugned order was passed on 11/01/2022 and certified copy of judgment was received on 10/02/2022.

3. Learned advocate for the applicant/appellant submitted that due to Covid-19, the Hon’ble Apex Court, vide its judgement and order in Writ Petition No.Civil (W.P.) No.3/2020 extended the period of limitation from 28 Feb.2022 to 31/05/2022. Therefore there is delay of 55 days only. The learned advocate for the applicant submitted that after receiving the certified copy of judgment, the applicant after gating legal opinion of his counsel in February,2022 then it sent to Regional Office Nagpur and then Pune Office who is the final decision authority for their opinion. The said file was missed by the Pune office and traced it in last week of May,2022. Therefore, there is delay of 55 days in preferring the present appeal and same due to administrative exigency in obtaining approval. The applicant has contended that the delay of 55 days cannot be termed as deliberate and malafide and so the same deserves to be condoned.

4. We have heard, learned advocate for the non applicant and he has strongly opposed the application for condonation of delay. The non applicant has contended that the reason of taking cover of administrative lapses to deliberately held up the claim of the non applicant. Thus, the intention of the Government disbursement claim amount to the insured is defeated by the applicant Insurance Company and hence, the application for condonation of delay of 55 days deserves to be rejected.

5. We have heard, Adv.Limaye, learned advocate for the applicant and Miss.Ruchika Deshpande, holding for Adv.Kshirsagar, learned advocate for the non applicant. We have carefully gone through the application for condonation of delay and also perused the record. We find that the impugned order passed on 11/01/2022 and certified copy of impugned judgment was received on 10/02/2022 but the delay has occurred due to Corona and completing necessary formalities i.e. administrative exigency. As per the Hon’ble Apex court order passed in WP (C) 3/2020, exempted the whole Covid-19 period from 15/3/2020 to 28/02/2022 and also extended from 28/2/2022 to 31/05/2022. The learned advocate for the applicant has relied upon judgment of the Hon’ble Supreme Court in the Case of N.Mohan VR Machu Civil Appeal No.8898 of 2019 and also relied upon on judgement of the Hon’ble National Consumer Commission, Delhi in the case of Bajaj Allianz General Insurance Vs.Kanuri Venkat Laxmi & 5 Ors. on 9 May,2018 and one also passed by this Commission in Appeal No. FA/23/156 The Oriental InsuranceCo.Ltd. Vs. Aruna Davare & Ors.

6. The Hon’ble Apex court, emphasizing that court should take a liberal view when considering the application for condonation of delay. Thus, we have adopted a justice- oriented approach. Therefore, we feel that on this ground an opportunity of adjudication of appeal cannot be denied to the applicant. Further, we feel that the delay which has taken placed of 55 days cannot be termed as malafide or has intentional and so we are inclined to allow the application for condonation of delay of 55 days. So far as aspect of 55 d