STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                      First Appeal No.806 of 2018

                                                Date of Institution: 26.06.2018

                                                          Date of order: 02.05.2023

 

ICICI Prudential Life Insurance Company Limited, Vinod Silk Mills, Compound Chakravarthy, Ashok road, Ashok Nagar, Kandivali €, Mumbai 400101 through its Managing Director.

…..Appellant

Versus

Mahesh Chand S/o Sh.Kanwar Chand R/o 109, Ward No. 15, Model town, Tohana 125120, Distt. Fatehabad, Haryana.

…..Respondent

CORAM:    S.P.Sood, Judicial  Member

                  

Present:-    Mr.HitenderKansal, Advocate for theappellant.

                   Mr.Gaurav Grover, Advocate for the respondent.

 

First Appeal No.873 of 2019

Date of institution:03.10.2019

Date of order: 02.05.2023

 

Mahesh Chand S/o Sh.Kanwar Chand R/o 109, Ward No. 15, Model town, Tohana 125120, Distt. Fatehabad, Haryana.

…..Appellant

Versus

1. The ICICI Prudential Life Insurance  through its MD, Vinod Silk Mills, Compound Chakravarthy, Ashok road, Ashok Nagar, Kandivali E, Mumbai 400101 email:- lifelineiciciprulife.com.
2. Ms. Nisha Rani, Agent Code 1225064, C/o ICICI Prudential Life Insurance Fatehabad, contact No.9467605501.

…..Respondents

CORAM:    S.P. Sood, Judicial  Member

                  

Present:-    Mr.Gaurav Grover, Advocate forthe appellant.

                   Mr.HitenderKansal, Advocate for respondent No.2.

                   None for the respondent No.3.

CORAM:    S.P. Sood, Judicial  Member

                  

                                                ORDER

S P SOOD, JUDICIAL MEMBER:

Vide this common order above mentioned two appeals bearing No.806 of 2018and F.A. No.873 of 2019will be disposed of as both the appeals have been preferred against the order dated 27.04.2018 passed by the District Consumer Disputes Redressal Forum, Fatehabad (in short ‘District Commission).

2.      Delay of 20 days in filing the appeal bearing No.806 of 2018 is condoned for the reasons stated in the application for condonation of delay.

3.      There is a delay of 483 days in filing the appeal bearing No.873 of 2019.  Appellant has filed an application under section 5 of the Limitation Act (in short “Act”)  for condonation of delay of  483 days wherein,  it was alleged that impugned order was passed on 27.04.2018 and certified copy of the same was received by the appellant on May 2018. The appellant already facing several health issues which delayed of his engaging counsel to file this appeal. Thus, delay of 483 days in filing of the present appeal may please be be condoned.

4.      Reply to the application for condonation of delay has been filed alleging inter alia of appellant having concealed the material fact from this Commission. In fact an execution was also filed by the appellant before District commission Fatehabadwherein factum of cross appeal No.906 of 2018 also cropped up. So when this appellant was actively pursuing his execution so the question of his being unwell does not arise.  As such there was no much-less sufficient to not has filed it intime. The condonation of delay is not as a matter of right.

5.      Arguments Heard. File perused.

6.      Learned counsel for the appellant vehemently argued that as per facts mentioned above, it is clear that delay in filing appeal was not intentional.    The appellant has been suffering from ill health so he could engage the present counsel to file appeal belatedly.Thus the delay be condoned in the interest of justice.

7.      Learned counsel for the respondent vehemently argued that  the appellant has concealed the material fact before this Commission. The execution filed by the appellant was still pending before District commission Fatehabad for 08.05.2023.  The reason to explain the delay by the appellant stood exposed very well. The condonation of delay was not as a matter of right. T

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