SAMSUDDIN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed on 1.8.2002, against the order dated 27.11.2001, passed in Case No.253/2001 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'distt. Forum' for short ). As the appeal is time-barred the appellant has also filed an application for condoning the delay in filing the appeal, together with an affidavit of the appellant dated 31.7.2002 has been filed. Another affidavit dated 17.4.2004 has also been filed. The appellant has also filed documents, as per list, in support of the application.

(2.) The reasons for the delay assigned in the application are that the information regarding dismissal of complaint was given by the Counsel Mr. Hafijuddin belatedly on 23.5.2002. It is also averred in the application that the appellant is a very poor and uneducated person and after receiving knowledge regarding the impugned order he had to make necessary arrangements for funds for preferring the appeal and thereafter case was handed over to the Counsel Mr. A. N. Pandey at Bilaspur but the said Counsel returned the file on 30.7.2002 on the ground that the appeal is to be filed at Raipur and not at Bilaspur. As the appellant felt perplexed hence appeal could not be filed in time. It is further averred that the appellant was also suffering from cataract during proceedings before the Distt. Forum and that was also one of the reasons why the appeal could not be filed within time. The appellant has also stated that the delay in filing the appeal was bona fide and deserves to be condoned in the interest of justice. In the later affidavit dated 17.4.2004 the complainant/appellant has stated on oath that he was sick from 3.11.2001 to 18.9.2002 and suffered from ophthalmic problems as well as the problem relating to the nerves of the brain.

(3.) The learned Counsel for the respondents, though did not file any written reply to the aforesaid application, but vehemently opposed the same during arguments. Heard the learned Counsel for both the parties. Perused the record of the Distt. Forum.