STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/FA/128/2025 (Against the Order dated 25th January 2024 in Complaint DC/562/CC/120/2023 of the District Consumer Disputes Redressal Commission Malappuram)

MAGMA HDI GENERAL INSURANCE CO L TD BUSINESS ADDRESS - ALMANARA COMPLEX 2ND FLOOR TIRUR ROAD DOWNHILL POST MALAPPURAM 676519MALAPPURAM,KERALA.

.......Appellant(s)

Versus SADIQALI PK PRESENT ADDRESS - CHERUSSERI HOUSE KUZHAMANNA KUZHIMANNA POST

673641MALAPPURAM,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 10/07/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM I.A. No. 124/2025 in APPEAL No. 128/2025 ORDER DATED: 10.07.2025 (Against the Order in C.C. 120/2023 of DCDRC, Malappuram)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER PETITIONERS/APPELLANTS:

nd

1. Magma HDI General Insurance Co. Ltd., Almanara Complex, 2 Floor, Tirur Road, Downhill Post, Malappuram-676 519.

2. Magma HDI General Insurance Co. Ltd., 24 Park Street, Kolkata, West Bengal-

700 016.

(By Adv. Prasanna Kumar Nair)

Vs.

RESPONDENT:

Sadiqali P.K., Cherusseri House, Kuzhamanna, Kuzhamanna Post-673 641.

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This is an application praying for condoning the delay of 292 days in filing the appeal.

2. Heard. Perused the affidavit filed in support of the application.

3. It is contended that the order dated 25.01.2024 was received by the petitioners on 19.03.2024 and hence the appeal ought to have been filed on or before 02.05.2024. Immediately on receipt of the order, the file was transmitted to the Head Office, Mumbai, for getting sanction for preferring the appeal. In the said circumstances, there occurred a delay of 292 days in filing the appeal.

4. The sum and substance of the contention of the petitioners is that the delay was caused due to administrative reasons.

5. Having gone through the reasons stated by the petitioners, we are of the considered view that the reasons stated by the petitioners are not sufficient to condone the delay of 292 days in filing the appeal. That apart, there was gross negligence and want of due diligence on the part of the petitioners in this regard. In the said circumstances, we are not inclined to condone the delay.

In the result, this application stands dismissed. JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT AJITH KUMAR D. : JUDICIAL MEMBER RADHAKRISHNAN K.R. : MEMBER jb KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 128/2025 JUDGMENT DATED: 10.07.2025 (Against the Order in C.C. 120/2023 of DCDRC, Malappuram)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANTS:

nd

1. Magma HDI General Insurance Co. Ltd., Almanara Complex, 2 Floor, Tirur Road, Downhill Post, Malappuram-676 519.

2. Magma HDI General Insurance Co. Ltd., 24 Park Street, Kolkata, West Bengal-

700 016.

(By Adv. Prasanna Kumar Nair)

Vs.

RESPONDENT:

Sadiqali P.K., Cherusseri House, Kuzhamanna, Kuzhamanna Post-673 641.

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT In view of the dismissal of I.A. No. 124/2025, this appeal stands dismissed as time barred.

The statutory deposit made by the appellants shall be given to the respondent/complainant, to be adjusted/credited, towards the amount ordered by the District Commission, on proper acknowledgement.

JUSTICE B. SUDHEENDRA KUMAR: PRESIDENT AJITH KUMAR D. : JUDICIAL MEMBER RADHAKRISHNAN K.R. : MEMBER jb ..................

SRI.B.SUDHEENDRA KUMAR PRESIDENT