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Procedural delays are not to be accepted as sufficient cause for condoning the delay

In TATA AIG GENERAL INSURANCE CO. LTD. vs RAJBALA, the claim of the insured was repudiated by the insurer due to failure of the insured to take reasonable steps to safeguard the insured vehicle. The said repudiation was partially disallowed by the District Forum and the appeal against the said order was rejected by the State Forum.

The insurer filed a revision before the NCDRC after a delay of 95 days. The  petitioner stated that the delay has occurred due to time taken in getting the legal advice first and then to obtain the instructions of the head office for filing the revision petition.  The delay was not intentional and would not cause prejudice to other party if the same is condoned.

The NCDRC referred to judgments of the Hon’ble Supreme Court in Postmaster General &Ors. Vs. Living Media India Ltd., Anshul Aggarwal vs. New Okhla Industrial Development Authority, IV, CicilyKallarackalVs. Vehicle Factory, IV & R.B. Ramlingam Vs. R.B. Bhavaneshwari, wherein it has been held that the scope of condonation of delay in a matter where the special Courts/ Tribunals have been constituted in order to provide expeditious remedies to the person aggrieved and Consumer Protection Act, 1986 is one of them. Therefore, this Court held that while dealing with the application for condonation of delay in such cases the Court must keep in mind the special period of limitation prescribed under the statute (s).. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition and based on these judgments the NCDRC held that revision petition is barred by limitation and is liable to be dismissed on this ground alone.


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