GOLDEN TRUST FINANCIAL SERVICES Vs. SANJAY KUMAR BEHERA

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 27.09.2012 whereby the State Commission dismissed the application of the petitioner opposite party for condonation of delay in filing of appeal and as a consequence, dismissed the appeal on the ground of limitation. The relevant portion of the impugned order is reproduced thus:

(2.) Briefly stated facts relevant for the disposal of this revision petition are that father of the complainant /respondent, namely, Late Krushna Murty Behera, on the motivation from respondent opposite party Susanta Kumar Pradhan, deposited some amount with the petitioner company and started an insurance policy alleged to have been issued by the National Insurance Company Limited ( OP No.3 in the complaint). The policy covered the risk of accidental death/loss of limbs/permanent-Total Disablement. The insured K.M.Behera met with an accident on 23.04.2004 and sustained injuries resulting in total disablement. The insured submitted claim with the opposite parties which was not settled. Claiming this to be deficiency in service, the petitioner has filed a consumer complaint being the nominee under the policy scheme that the insured policy holder has died on 24.07.2005.

(3.) The petitioner as also OP No.2 & 4 did not respond to the notice of the complaint. Thus, they were proceeded ex parte. OP No.3 insurance company contested the complaint.