ORIENTAL INSURANCE CO LTD Vs. GIYANO DEVI

JUDGEMENT

(1.) This Revision Petition under Section 21 of the Consumer Protection Act, 1986 (for short "the Act") has been filed by Oriental Insurance Co. Ltd., the sole Opposite Party, against order dated 03.07.2008, passed by the Himachal Pradesh State Consumer Disputes Redressal Commission at Shimla (for short "the State Commission") in Appeal No. 76 of 2005. The said Appeal had been preferred by the Respondents/Complainants against order dated 15.01.2005 passed by the District Consumer Disputes Redressal Forum at Kullu, Himachal Pradesh (for short "the District Forum"), dismissing their Complaint, No. 81/2003. By the impugned order, the State Commission, while allowing the Appeal, has directed the Petitioner to pay to the Respondents/Complainants Rs. 1,53,750/- together with interest @ 12% per annum from 01.04.2002 till the date of payment besides Rs. 50,000/- towards harassment, mental torture etc. and Rs. 25,000/- as punitive damages. Litigation costs, quantified at Rs. 10,000/-, have also been awarded.

(2.) It is pointed out by the office that the Revision Petition is barred by limitation, as there is a delay of 138 days in filing the same. An application praying for condonation of the said delay has been filed along with the Revision Petition. In paragraphs no. 2 to 4 of the said application, the explanation furnished for the delay is as under:

(3.) We have heard learned counsel for the Petitioner on the question of delay.