KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD Vs. M A BARI FAROOQUI & ANR S/O M A GHANI; MOHD FAIZAN AHMED SABRY, S/O DR AJAD MOHD SABRY

JUDGEMENT

(1.) Challenge in this Revision Petition, by Kotak Mahindra Old Mutual Life Insurance Ltd. (for short "the Insurance Company"), the sole Opposite Party in the Complaint, is to the order dated 06.02.2017, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (for short "the State Commission") in FAIA/671/2015 in FASR/785/2015. By the impugned order, the State Commission has declined to condone the delay of 193 days in filing of the Appeal by the Insurance Company against the order dated 24.09.2014, passed by the District Consumer Disputes Redressal Forum-I, Hyderabad (for short "the District Forum") in Complaint Case No. 316 of 2012. The State Commission has come to the conclusion that the Insurance Company has failed to make out a sufficient cause for condonation of the afore-stated delay and has, thus, dismissed the Appeal as barred by limitation.

(2.) I have heard learned Counsel for the parties.

(3.) Having carefully perused the Application filed by the Insurance Company, seeking condonation of the afore-noted delay, and regard being had to the fact that the Counsel, engaged by the Insurance Company to represent it before the District Forum, had categorically admitted having personally received free certified copy of the order passed by the District Forum but somehow not forwarding the same to the Insurance Company, I am of the view that the Insurance Company had made out a sufficient cause for condonation of the aforesaid delay and, hence, the State Commission committed material irregularity in not exercising the discretion vested in it under First Proviso to Section 15 of the Consumer Protection Act, 1986.