FA No: 160 of 2011, (Arisen out of Order Dated 19/11/2008 in Case No. CC/13/07 of District Gaya). Case: DM, National Insurance Co. Ltd Division-111 through Chief Regional Manager Vs Ram Sewak.

Case NumberFA No: 160 of 2011, (Arisen out of Order Dated 19/11/2008 in Case No. CC/13/07 of District Gaya)
JudgesMr. Subhash Chandra Jha President and Mrs. Renu Sinha Member
IssueConsumer Law
Judgement DateMay 24, 2011

Order:

  1. Heard the learned counsel for the appellant on the petition praying therein to condone the delay in filing of the appeal, which is barred by limitation. The appeal seems to have been filed in the State Commission on 05-04-2011 for setting aside the order dated 19-11-2008 passed by the learned District Forum, Nawadah, in Consumer Complaint No. 13/2007 whereby and whereunder the learned District Forum has directed the appellant, Divisional Manager, National Insurance, Division-III, Calcutta, who was O.P.No.1 there to pay Rs. One lac as insured amount with interest @ 9% per annum from 14-10-2003, the date of filing of the complaint till the date of payment to the complainant-respondent, within three months, from the date of order.

  2. We have also examined contents of the petition filed for condonation of delay, from which it is indicated that the said judgement dated 19-11-2008 was delivered to the appellant on 27-11-2008 through the attending Advocate of the case but the Branch Manager of the appellant, Gopalganj sought legal opinion from the conducting Advocate, which was delivered to the appellant on 27-11-2008 and again the claim file along with the impugned order as also the legal opinion were placed before the Divisional Manager, National Insurance Company, Gaya on 03-12-2008 for his direction in respect of filing of the appeal and thereafter the Divisional Manager of Insurance Company recommended for filing of appeal and the entire file along with the impugned order was sent to the Regional Office, Patna of the appellant on 06-12-2008...

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