M/S Bharat Parivahan & Another vs United India Insurance Co. Ltd. ...
2022 Latest Caselaw 1440 j&K

                                                                    Sr. No. 13

               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                   Reserved on: 07.10.2022.
                                                   Pronounced on: 17.10.2022.


                                                   CONC NO. 30/2019
                                                   CM No. 1860/2019[01/2019]


M/s Bharat Parivahan & another                           ....Petitioner(s)/Appellant(s)

                   Through :- Mr. R. S. Thakur, Senior Advocate with
                              Mr. Vasharan Thakur, Advocate.
         V/s

United India Insurance Co. Ltd. and                                  ....Respondent(s)
another

                  Through :-    Mr. Vishnu Gupta, Advocate.

Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
          HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                      ORDER

TASHI RABSTAN,J:-

CONC No.30/2019 is an application seeking condonation of delay of

399 days in filing appeal against the order of the State Consumer Redressal

Commission, Jammu, dated 22.12.2017 directing payment of Rs.4,41,900/-

along with interest @6% from the date of filing of the complaint.

Learned counsel for the applicant submits that the delay caused in

filing the appeal is not willful. It is averred in para 1 of the delay condonation

application that the counsel engaged by applicant did not inform him about the

fate of the complaint as he was also not keeping good health during the same

period. It is only when the applicant made an application few days back before

the Commission, he came to know about the passing of the order. It is further

contended by learned counsel for the applicants that the complaint filed before

the Commission was not maintainable as the Commission lacked pecuniary

jurisdiction for entertaining the complaint in terms of Section 15 of the

Consumer Protection Act.

Heard learned counsel for the parties on the delay condonation

application.

It is a settled position of law that a litigant cannot be made to suffer

injustice merely because of the default of his counsel. (See: Rafiq & Anr. V.

Munshilal & Anr,: AIR 1981 SC 140 and Smt. Lachi and Ors. V. Director of

Land Records and Ors.: AIR 1984 SC 41).

Though the delay is huge, however, in view of the judgment of the

Supreme Court in Rafiq (supra), we condone the delay of 399 days in filing the

appeal subject to payment of cost.

Therefore, the application CONC No.30/2019 is allowed and the delay

of 399 days in filing the appeal is condoned. However, the same shall be subject

to payment of cost of Rs.5000/- (Rupees Five Thousand only) to the non-

applicants within a period of two weeks from today.

Registry is directed to diarize the

appeal and list the same on 29.10.2022.

                               (Sindhu Sharma) )             (Tashi Rabstan)
                                     Judge                       Judge
Jammu:
17.10.2022
Raj Kumar