ORIENTAL INSURANCE CO. LTD. Vs. AB. RASHID WANI

JUDGEMENT

(1.) Three storeyed residential house of the Respondent No. 1 was insured with the Petitioner insurance company vide insurance policy No. 23423/48/95/00287 for the period 5.9,1994 to 4.9.1995. During the intervening night of 17th/18th April, 1995, damage was caused to the insured property by some unknown persons who had forcibly entered into the said house and ransacked the whole building. In connection thereof case had been registered as crime No. 67/95 for commission of offences punishable under Section 457 RPC and 3/25 Arms Act on 19.4.1995. At the same time Petitioner insurance company was informed and the claim1 was registered as claim No. 23420/48/96/00019 by the Petitioner company. Mr. M.Q. Indrabi was depute(sic) by the Company for conducting the survey. When the claim remained to be se(sic) the Respondent No. 1 lodged complaint before the Divisional Consumers Protection Forum, Srinagar. The said complaint has been decided on 26.11.2001 whereunder Respondent No. 1 was held entitled to the amount of Rs. 1,14,300/- along with 9% interest per annum with effect from 18.10.1995 i.e. six months after the occurrence till the liquidation of the amount.

(2.) Appeal against the said order of the Divisional Forum was not filed within the prescribed period of limitation, therefore, alongside the appeal, an application for condonation of delay has also been filed before the J&K State Consumers Projection Commission, Srinagar (hereinafter for short referred to as the State Commission). The State Commission after hearing both the parties not satisfied with the cause projected for late filing of the appeal dismissed the application for condonation. Aggrieved thereof, writ jurisdiction of this Court has been invoked by filing the instant petition wherein both the orders of Divisional Forum dated 26.11.2001 as well State Commission order dated 7.8.2002 are sought to be quashed.

(3.) Admittedly Divisional Forum has passed the award on 26.11.2001. Appeal against the said order before the State Commission in terms of Section 13 of the Consumer Protection Act has to be preferred within a period of 30 days from the date of the order. The State Commission can entertain the appeal even after the expiry of said period of 30 days provided it is satisfied on a satisfied cause shown for not having filed the appeal within the prescribed period.