BHARAT PARIVAHAN Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) CONC No.30/2019 is an application seeking condonation of delay of 399 days in filing appeal against the order of the State Consumer Redressal Commission, Jammu, dtd. 22/12/2017 directing payment of Rs.4,41,900.00along with interest @6% from the date of filing of the complaint.

(2.) Learned counsel for the applicant submits that the delay caused in filing the appeal is not willful. It is averred in para 1 of the delay condonation application that the counsel engaged by applicant did not inform him about the fate of the complaint as he was also not keeping good health during the same period. It is only when the applicant made an application few days back before the Commission, he came to know about the passing of the order. It is further contended by learned counsel for the applicants that the complaint filed before the Commission was not maintainable as the Commission lacked pecuniary jurisdiction for entertaining the complaint in terms of Sec. 15 of the Consumer Protection Act.

(3.) Heard learned counsel for the parties on the delay condonation application.