STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR MISCELLANEOUS APPLICATION NO. SC/CB2/27/MA/135/2024 IN SC/CB2/27/A/24/177 SHRI AMIT FATTUJI CHAUHAN PRESENT ADDRESS - PLOT NO. 16 GOVIND PRABHU NAGAR NEAR RAJAPETH BUST STOP HUDKESHWAR ROAD,MAHARASHTRA.

SMT MEENA FATTUJI CHAVHAN PRESENT ADDRESS - PLOT NO 16 GOVIND PRABHU NAGAR NEAR RAJAPETH BUST STOP HUDKESHWAR ROAD,MAHARASHTRA.

.......Appellant(s)

Versus MANIPAL SIGNA HEALTH INSURANCE COMPANY LTD THROUGH ITS AUTHORIZED SIGNATORY PRESENT ADDRESS - 401 - 402 RAHEJA TITANIUM WESTERN EXPRESS HIGHWAY GOREGAON EAST ,MAHARASHTRA.

MANIPAL SIGNA HEALTH INSURANCE COMPANY LTD THROUGH ITS ASSISTANT UNIT MANAGER PRESENT ADDRESS - 148 3RD FLOOR THAPAR ENCLAVE MAHARAJBAGH ROAD RAMDASPETH,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT:

MRS SWATI K PAUNIKAR ADV (Advocate)

FOR THE RESPONDENT:

ADV.GAURI GHARSELE DATED: 06/02/2026

ORDER

PER MS SHAILA WANDHARE, HON’BLE MEMBER The applicant has filed this application for preferring an appeal against the order dated 08/07/2024 passed by the District Consumer Forum, Nagpur in cc/651/021. After filling of this application notices were issued to the non applicant. Non applicants appeared.

We heard learned Adv. Mrs paunikar for applicant and learned Advocate miss . Gauri Gharsale for the respondent .

The learned Advocate for the applicant submitted that by passing the impugned Judgment/order dated 08/07/2024 in cc/ 651/2024 the learned District Consumer forum allowed the complaint filed by the complainant. Applicant received the certified copies impugned order on 02/08/2024 . The learned Advocate for the applicant submitted that the father of applicant was suffering from heart disease since 2 years and again he received pains in heart in the month of May 2024. Therefor he was admitted. The learned Advocate also submitted that the the father of applicant is in continuous treatment for the heart disease due to which he failed to file the appeal within limitation prescribed by the Consumer Protection Act 2019 . Therefore to filling the appeal there is delay of 35 days .The learned Advocate for the applicant further submitted that the delay of 35 days are bonafide and were beyond the control of the applicant. No prejudice would be caused to the Non- Applicant if the delay is condoned . Hence, the applicant prays that the delay of 35 days be condoned in the interest of justice.

The Non-Applicant has strongly opposed the application and denied the entire contentions raised by the Applicant.

After considering the submissions of both advocates and on perusal of the application and material on record, it appears that the delay mainly occurred due to medical emergency of the father which was beyond the control of the applicant . We find that applicant received the certified copy of order on 02/08/2024 and appeal filed on 22/10/2024 . Therefore there is delay of 35 days for preferring the appeal. In such a situation, in the interest of justice, it is necessary that the Applicant also be given an opportunity to contest the matter . Hence we are inclined to allow the application for condonation of delay of

35days in the interest of justice.

Order

1. The application for condonation of delay filed by the applicant is hereby allowed.

2 Adjourned for admission hearing to 5/5/2026

KALYANI KAPSE

PRESIDING MEMBER

SHAILA D. WANDHARE

MEMBER