AHMEDABAD CITY, AHMEDABAD.

Lodging NO. 171 of 2005

Complainant 1) Gavriben Ishwarbhai Makvana,

Sapkada Tal. Harvad.

VERSUS

Opposite Party1) Unique Mercantile Services Ltd.

F-7, Vishal, Nr. Dinesh Hall, Income-tax,

Ahmedabad.

2)        The United India Insurance Co. Ltd.,

D.O. No. 6-A, 501, Ganesh Plaza,

Nr. Navrangpura Bus Stand, Navrangpura,

Ahmedabad.

Quorum : (1) Shri U.M.Raval President

(2) Shri Bharatbhai H.Joshi Member

Per : Shri U.M.Raval, President

Advocate for the complainant: S.J.Mehta

Advocate for the Opponent : -

TO BE REPORTED :YES/NO

ORDER BELOW LODGING NO. 171 of 2005

3^rd January 2006.

1) We have heard the learned advocate of the complainant.

2) We have gone through the papers. The accident took place on 18/11/1999. On 17/1/03 when the papers were submitted with the claim form wherein the opposite party took decision that claim is not payable vide letter dated 4/5.3.2003 hence the limitation commences from 4/5.3.2003 hence within 2 years from the date of claim, application has to be filed before 4.3.2005 hence it is time barred as submitted on 24.3.05.

The complainant in para 4 of the complaint has stated that complaint is not time barred and if at all we come to the conclusion that it is time bar then the reason is given that the complainant is staying at village and illiterate and after contacting too much lawyers, at last he has contacted Mr. S.J.Mehta, the learned advocate who accepted and drafted the complaint hence the delay should be condoned in the interest of justice.

We have heard and gone through the papers. The running of the time limitation commences from 4.3.2003 hence looking to the situation the complaint is filed at belated stage on 24.3.05, for such no satisfactory reason/evidence has been made out hence we pass the following order:

ORDER

(1)   The complaint is rejected and not to register the same.

(2)   The parties to bear their own cost.

Pronounced on 3rdJanuary 2006.

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U.M.Raval, President

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Bharatbhai H.Joshi, Member