Circuit Bench Asansol

StateCommission

IA/47/2019

Sri Rabindranath Sarkar - Complainant(s)

Versus

National Insurance Company Ltd. - Opp.Party(s)

Shankari Prasad Mukherjee

08 Aug 2019

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Interlocutory Application No. IA/47/2019
( Date of Filing : 07 Jun 2019 )
In
First Appeal No. A/32/2019
(Arisen out of Order Dated 17/01/2019 in Case No. 57/18 of District Purulia)
 
1. Sri Rabindranath Sarkar
Son of Late Abani Bhusan Sarkar,rresident dof Village and Post Bogra,P.S.Santaldih,District-Purulia,Pin-723145
...........Appellant(s)
Versus
1. National Insurance Company Ltd.
Rep. by the Branch Manager,Purulia Branch,having its office at Deshbandhu Road,Raghabpur More,PO,PS,Dist-Purulia,Pin-723101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDING MEMBER
 HON'BLE MR. ASHIS KUMAR BASU MEMBER
 
For the Appellant:Shankari Prasad Mukherjee, Advocate
For the Respondent:
Dated : 08 Aug 2019
Final Order / Judgement

                                                           HON'BLE MR. KAMAL DE, PRESIDING MEMBER

Order No. : 03

Date : 08.08.2019

Parties are present through their Ld. Lawyers.

 IA 47 of 2019 is taken up for hearing.

Heard Ld. Lawyers of both sides . considered.

The instant IA relates to an application for condonation of delay.

In filing the instant IA case  it is stated  by the appellant that the appellant came to know about the impugned order dated 17/01/2019 passed by the Ld. D.C.D.R.F., Purulia in case No CC/57/2018 and immediately requested his Ld. Advocate for getting the certified copy of the order. Certified copy of order was delivered on 07/02/2019. On 15/01/2019 the appellant became ill  and could not contact his Lawyer and after recovery from illness , the appellant contacted the Advocate on 24/04/2019 but the Ld. Lawyers observed cease work for the period of 25.04.2019 to 30.05.2019 and there after the appellant again fell ill and ultimately the Appeal was filed on 07.06.2019. It is stated that the appellant was under treatment on and from 15.01.2019 to 06.06.2019.

Ld. Lawyer appearing for the OP opposed the petition and submitted that there is no satisfactory ground to allow the condonation petition under disposal.

We find that there has been a delay of 107 days excluding the period of limitation. Seen the medical certificate filed from the side of the appellant. It is also true that the Ld. Lawyers abstained from work for a considerable period.

In view of the facts and the circumstances and having regard to the materials on record, we feel inclined the petition for condonation of delay subject to payment of cost of Rs. 4000/- to be deposited to the Consumer Legal Aid Account, Asansol. To 22.08.2019 for payment of cost.

                                  The instant IA is thus disposed of.

 
 
[HON'BLE MR. KAMAL DE]
PRESIDING MEMBER
 
[HON'BLE MR. ASHIS KUMAR BASU]
MEMBER

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