STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 17.10.2024 Reserved on : 06.02.2026 Date of Decision : 19.02.2026 ICICI Lombard Insurance Company Limited, Sutheri Road, Hoshiarpur-146001, Punjab, through its Manager.

…..Appellant/Opposite Party Versus Anmol Wood Works, Sukhiabad, Bharwain Road, Hoshiarpur, through its proprietor Sarabjit Singh, aged 66 years, R/o House No.B21/534, Sukhiabad, Hoshiarpur-146001, Punjab.

….Respondent/Complainant Appeal under Section 41 of Consumer Protection Act, 2019 to challenge the order dated 05.06.2024 passed in CC No.122 of 2023 by the District Consumer Disputes Redressal Commission, Hoshiarpur.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member Present:-

For the Appellant : Sh. Rajneesh Malhotra, Advocate For the Respondent : Sh. Sukhandeep Singh, Advocate (through VC)

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellant/OP, i.e. ICICI Lombard Insurance Co.

Limited through its Manager has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) to challenge the impugned order dated 05.06.2024 passed in CC No.122 of 2023 by the District Consumer Disputes Redressal Commission, Hoshiarpur (in short the “District Commission”)

whereby the Complaint had been partly allowed.

M.A. No.1384 of 2024

2. There was delay of 130 days in filing of the Appeal. M.A. No.1384 of 2024 was filed for condonation of delay along with the Appeal. Notice in the Application for condonation of delay as well as in the Appeal was issued, vide order dated 28.11.2024. Thereafter, the case was adjourned to 03.12.2024, 13.12.2024, 17.01.2025, 21.03.2025, 12.05.2025 and 22.08.2025. After aforesaid adjournments, the case came up for hearing on 10.10.2025 and Applicant had withdrawn M.A. No.1384 of 2024 with the liberty to file fresh Application for condonation of delay with better particulars. Said Application had been dismissed as withdrawn I.A. No.1432 of 2025

3. Thereafter, I.A. No.1432 of 2025 has been filed for condonation of delay of 130 days in filing of the Appeal. Said Application has been supported by an Affidavit.

4. Notice in the Application was issued to the Respondent. Thereafter, in response to notice issued, Counsel representing Respondent/Complainant had appeared and filed reply to the Application for condonation of delay.

5. Mr. Rajneesh Malhotra Advocate, learned Counsel for the Appellant has submitted that the copy of the order dated 05.06.2024 was prepared and it was delivered by the Registry of the District Commission which was sent to the local office and further to the Head Office for taking necessary decision for filing the Appeal. Thereafter, the record of the case was sent to the competent authority to engage the Counsel and further the Appeal was prepared and time has spent in preparing the grounds and delay of 130 days had occurred in filing of the Appeal which is neither intentional nor deliberate on the part of the Applicant. Learned Counsel has further submitted that certified copy which was sent earlier through the courier was not delivered and the Applicant contacted the courier agency to trace out the same. Learned Counsel has further submitted that the Appeal was got delayed and thereafter, the Application for exemption for filing certified copy along with affidavit was prepared. Learned Counsel has further submitted that the Appeal was filed online by the Counsel for the Insurance Company on e-jagriti on 17.10.2024 and delay of 89 days has occurred in filing of the Appeal. Learned Counsel has further submitted that the Registry of this Commission had raised certain objections which was sought to be removed within a period of 15 days from the date of fil