LAWS(NCD)-2012-9-10

SHANMUGAM SRINIVASAN Vs. NATIONAL INSURANCE CO LTD

Decided On September 05, 2012
SHANMUGAM SRINIVASAN Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) AT the outset, it is observed that the Registry has noted a delay of 87 days in filing this revision petition. However, on perusal of the scrutiny sheet put up by the Registry and the application filed by the petitioner for condonation of delay, it is seen that the impugned order was passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai ('State Commission', for short) on 1.12.2009 which was received by the petitioner on 10.2.2010 but the revision petition has been filed on 22.12.2011, i.e., after a delay of 589 days as correctly mentioned in the application filed by the petitioner.

(2.) WE have heard Mr. G.S. Shahdadpuri, Advocate, learned counsel for the petitioner on condonation of delay. In support of the delay, the petitioner has given the following reasons in para 4 (a) to (c) which are reproduced below:-

(3.) NAME of the advocate appearing on behalf of the petitioner before the State Commission and also the action taken by the petitioner against him for the alleged non-appearance by him have not been given by the petitioner in the application. Apparently, the petitioner has not given reasons which could constitute sufficient cause for condoning the delay in question. Learned counsel has submitted that the petitioner is from Chennai and he would stand to suffer if the delay is not condoned. In the absence of sufficient cause, we are not inclined to condone the inordinate delay of 589 days in filing this revision petition. The petitioner has not taken due care to pursue his complaint diligently. His application for condonation of delay is, therefore, dismissed. With this, the revision petition also stands dismissed. No costs.