Punjab State Civil Supplies Corporation Ltd. vs National Insurance Co. Ltd.

THE appellant - Punjab State Civil Supplies Corporation Limited [for short hereinafter referred to as PUNSUP] has moved an application under proviso to Section 15 of the Consumer Protection Act, 1986 [for short hereinafter referred to as the C.P. Act] seeking condonation of delay of 36 days in filing the appeal against order dated 7.3.2001 of the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh [for short hereinafter referred to as the District Forum-II] delivered in Complaint Case No. 335 of 1997 filed by the appellant. Notice of the application was issued to the respondent-National Insurance Co. Ltd. which has filed reply to the application. We have heard the learned Counsel for the appellant and the learned Counsel for the respondent on the application seeking condonation of delay.

THE contention of the appellant is that the certified copy of the impugned order was received in the office of Punsup on 26.3.2001 and the same was dealt with by the dealing official of the legal cell on 30.3.2001. It has been contended that in view of the civil suit filed by Smt. Balwinder Kaur wife of Shri Jaswant Singh deceased against Punsup for releasing retirement dues including insurance amount, which was dismissed and appeal was filed against the order before the District Judge, Ferozepur, the decision to file appeal against the impugtned order of the District Forum-II was postponed till 16.4.2001. It is alleged that the matter regarding the filing of appeal was considered on 17.4.2001 onwards when legal opinion was sought from the concerned staff/Advocates and Advocate was engaged for filing an appeal. It is alleged that in this process, the delay of 36 days occurred. THEse averments have been made in Paras 3 and 4 of the application which are also reproduced in the affidavit filed by Shri Attar Chand Bhikhan, Deputy Manager (Legal), Punsup. It has also been contended that the delay in filing the appeal is neither wilful nor intentional but due to the reasons explained in the application/affidavit which were beyond the control of the appellants. The contention of the respondent on the other hand is that the appellant has failed to show any ground for condonation of delay. The ground of the pendency of the civil suit filed by the beneficiary of the deceased in the Civil Court at Ferozepur is not a sufficient ground for seeking condonation of delay. It has been further contended that there is no ground for condonation of delay on account of seeking legal opinion etc. It will appear from perusal of the application/affidavit filed by the appellant that the appellant postponed the matter of taking a decision in filing the appeal against the order of the District Forum-II due to the pendency of the civil suit aforesaid up to 16.4.2001. The learned Counsel for the appellant contended that on 16.4.2001, the application seeking stay was dismissed by the District Judge, Ferozepur and thereafter, the appellant considered the matter regarding the filing of an appeal against the impugned order of the District Forum-II. Evidently, the appellant failed to take a decision for filing the appeal up to 16.4.2001 against the impugned order. In our considered view, the pendency of the civil suit filed by the beneficiary of the deceased in the Civil Court at Ferozepur has no relevance regarding the filing of an appeal against the order of the District Forum-II because if no appeal is filed against the impugned order the same would become final and executable. The decision of the civil suit will thus not in any way effect the order of the impugned order of the District Forum-II. Apart from it, the appellant has failed to show as to how the matter was dealt with after 17.4.2001 for taking a decision to file the appeal.

In our considered view, the appellant has failed to show sufficient reasons for condonation of delay in filing the appeal. The application for condonation of delay lacks merit and is dismissed. The appeal is dismissed as being barred by limitation. Copies of this order be supplied to the parties free of charges. Appeal dismissed.