ORIENTAL INSURANCE COMPANY Vs. ARUN KUMAR & ANR

JUDGEMENT

(1.) This revision is directed against the order of the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, "the State Commission") dated 5.1.2015 in first appeal No.1215/2013 whereby the State Commission dismissed the application of the petitioner insurance company for condonation of delay in filing of appeal and as a consequence dismissed the appeal as barred by limitation.

(2.) Learned Shri Dinesh Singh Mehra, Advocate for respondent No.1/complainant has fairly conceded at the bar that in order to avoid any further delay in the matter and in interest of justice the complainant has no objection if the impugned order is set aside and the delay in filing of appeal is condoned, subject to reasonable cost for delay to be paid to the respondent No.1/complainant and the matter is remanded back to the State Commission for disposal of appeal on merits after due hearing to the parties within a prescribed period.

(3.) In view of the facts and circumstances of the case and the concession given at the bar, revision petition is allowed, the delay in filing the appeal is condoned, subject to cost of Rs.20,000/- to be paid by the petitioner to respondent No.1 for the delay caused and the matter is remanded back to the State Commission with a request to dispose of the appeal after hearing the parties as expeditiously as possible, preferably within three months.