ORIENTAL INSURANCE CO LTD Vs. LAXAMAN PRASAD KASHYAP

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 04.05.2018 passed by Uttar Pradesh Consumer Disputes Redressal Commission ( in short, the State Commission) in Appeal No.615 of 2018. The appeal before the STate Commission has been filed against the order dated 19.12.2017 passed by District Consumer Disputes Redressal Commission Lucknow (First) in complaint case no. 483 of 2009. Vide order dated 19.12.2017, the District forum had allowed the claim of the complainant / respondent.

(2.) Along with an appeal no. 615 of 2018, petitioner / opposite party had filed an application for condonation of delay in filing appeal. The delay was stated to be of 73 days. The said application of the petitioner for condonation of delay was dismissed and the present revision petition is against the said order of the State Commission.

(3.) It is argued by counsel for the petitioner that petitioner had duly explained day to day delay in filing appeal and yet the same was not considered by the State Commission and it has arbitrarily dismissed the application of the petitioner. For that purpose, counsel has relied on the affidavit of one Shabeena Tabassum, Deputy Manager of the petitioner explaining the delay in filing the appeal. For the sake of convenience, the relevant paragraphs of the said affidavit which explains the delay, are reproduced as under: