Mumbai: The National Consumer Dispute Redressal Commission (NCDRC) has rejected an application for condonation of delay filed by Bajaj Allianz General Insurance, deeming it without merit or substance. The insurance company is therefore required to comply with the State Consumer Commission's order to pay Rs 12,06,000 for the complainant’s vehicle loss, along with 12 percent interest from 2012. Additionally, the company must pay Rs 1 lakh for the complainant's mental agony.
In 2019, the insurance firm sought relief from the NCDRC after being dissatisfied with the State Commission's order dated September 7, 2017, seeking to condone a 152-day delay in filing their first appeal (the registry reported a delay of 195 days).
The company attributed the delay to several factors, including the need for discussions with a panel of lawyers, delays in receiving a free order copy from the State Commission, and extensive internal scrutiny and drafting processes.
The firm explained that the appeal draft underwent multiple levels of scrutiny within the organization, causing unavoidable delays. The final version of the appeal was sent to the counsel for filing on May 12, 2018.
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However, the NCDRC dismissed the firm's request. "In our opinion, the reasons provided do not constitute 'sufficient cause' for condonation of delay. The plea regarding delayed legal advice is often raised in such cases where no better explanation is available. This points to an unmerited attempt to justify the unusual delay and reflects a casual attitude or disregard for the law of limitation. Ordinarily, one might lean in favor of the defaulting appellant to condone the delay and decide the case on its merits rather than rejecting it at the threshold stage. However, even a liberal approach requires at least a plausible explanation for the significant gap before the appeal was filed," the commission stated.
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