Maharashtra

Central Mumbai

MA/21/31

Smt. Radhabai Abadev Gujar - Complainant(s)

Versus

ICICI Lombard General Insurance Co. Ltd. - Opp.Party(s)

ABHAYKUMAR N. JADHAV

21 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012 Phone No. 022-2417 1360
Website- www.confonet.nic.in
 
Miscellaneous Application No. MA/21/31
( Date of Filing : 09 Sep 2021 )
In
Complaint Case No. CC/21/259
 
1. Smt. Radhabai Abadev Gujar
R/o. Naigaon, Tal-Kej, Dist-Beed
Beed
Maharashtra
...........Appellant(s)
Versus
1. ICICI Lombard General Insurance Co. Ltd.
Through its Manager, Delta Plaza, Old Tata Press Bldg, Veer Savarakar Marg, Prabhadevi, Dadar (W), Mumbai 400025
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. S. S. Mhatre PRESIDENT
 HON'BLE MR. M.P.KASAR MEMBER
 
PRESENT:
 
Dated : 21 Oct 2022
Final Order / Judgement

         Per M.P.Kasar Member                       

  1. Complainant states that, complainants husband accidently died on 18/01/2005 so complainant filed claim form with required documents to the Talathi is within time but according to the complainant opposite party not sanctioned complainants claim and kept pending.   Complainant is women and illiterate women and do not posses legal knowledge hence delay caused to file present complaint so in the interest of justice delay of 14 yrs 07 months 22 days may be condoned.
  2. Opposite party filed say stating in that, complainant failed to substantiate reason for her failure to approach this commission and no document is produced by the complainant to substantiate the claim of her mere statement cannot be accepted prima facie and statement is false and no any document to show whether complainant was in touch with agriculture department and opposite party, so this Commission has no jurisdiction.   Thus according to the opposite party delay has not been explained each and every day by the complainant so present application be dismissed with cost.
  3. Heard Advocate of the parties, perused application and reply.  To decide application on merit we frame issues as follows :-

Issues

   No

Issues

  Findings

  1.  

Whether delay is condonable?

Yes

  1.  

What an Order?

As per order passed

 

As to Issue No.1 & 2:- No dispute regarding death of complainants husband also no dispute in regard deceased was farmer and complainant is hair of deceased and is also farmer. No dispute in regard complainant is illiterate women and also no dispute in regard complainant have no knowledge of legal proceeding.Also no dispute in regard complainant is covered by Farmers Accidental Insurance Policy. Nothing is stated in reply by the opposite party in regard when the claim was repudiated.Perused judgement passed by Hon’ble State Commission inFirst Appeal No.FA 15/623 vide dated 03/04/2018  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs.  Considering issues related to insurance claim not get to complainant and issues raised by the opposite party can be decide on meritso delay caused to file present complaint we are of the opinion that, is condonable in viewof circumstances of complainant & principle of natural justice we pass order as

         ORDER

Misc.Application No.21/31 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 14 years 07 month 22 days is hereby condoned in the interest of justice and no order as to cost.

 
 
[HON'BLE MRS. S. S. Mhatre]
PRESIDENT
 
 
[HON'BLE MR. M.P.KASAR]
MEMBER
 

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