w w w . L a w y e r S e r v i c e s . i n



Royal Sundaram General Insurance Co. Ltd. v/s Imteyaz Alam


Company & Directors' Information:- ROYAL SUNDARAM GENERAL INSURANCE CO. LIMITED [Active] CIN = U67200TN2000PLC045611

Company & Directors' Information:- ROYAL INDIA CORPORATION LIMITED [Active] CIN = L45400MH1984PLC032274

Company & Directors' Information:- ALAM & CO LTD [Strike Off] CIN = U60210WB1946PLC014227

Company & Directors' Information:- SUNDARAM & COMPANY LIMITED [Strike Off] CIN = U67120TN1942PLC002584

    Revision Petition No. 1737 of 2018

    Decided On, 23 August 2018

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MS. JUSTICE DEEPA SHARMA
    By, PRESIDING MEMBER

    For the Petitioner: Deepa Chacko, Advocate. For the Respondent: ---------



Judgment Text

IA 11557 of 2018 (exemption from filing the certified copy)

The Application has become infructuous and is dismissed accordingly.

IA 11559 of 2018 (exemption from filing the typed copies of documents)

The Application has become infructuous and is dismissed accordingly.

IA 11560 & 11561 of 2018 (placing additional documents, c/delay)

IA 11561 of 2018 has been filed seeking condonation of delay in filing IA 11560 of 2018.

The Application is allowed and the delay in filing IA 11560 of 2018 is condoned.

IA 11560 of 2018 has been filed seeking permission to place on record additional documents. The Application is allowed.

Revision Petition

By this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short 'the Act'), the Petitioner has challenged the order dated 22.05.2018 of the State Consumer Disputes Redressal Commission, West Bengal (for short 'the State Commission') in Appeal No.1254 of 2017 whereby their Application seeking condonation of delay in filing the Appeal, against the order dated 24.04.2017 of the District Consumer Disputes Redressal Forum, Uttar Dinajpur (for short 'the District Forum') in Complaint No.39 of 2016, was dismissed on the ground that the Appellant had failed to explain the delay of 182 days in filing of the Appeal.

2. The case of the Petitioner before the State Commission, in brief, was that though the impugned order was passed on 24.04.2017 by the District Forum, the Advocate on the panel of the Petitioner did not supply the certified copy of the same and that the District Forum had handed over the free copy of the impugned order to the concerned Advocate only on 13.06.2017 which was sent by the Counsel to the Appellant on 22.06.2017 which thereafter was forwarded to Chennai Headquarters of the Appellant on 01.07.2017. After following the prescribed procedure, the Appeal could be filed only on 28.11.2017.

3. These grounds and reasons given in the Application for condonation of delay were found insufficient by the State Commission to explain the delay for the purpose of condonation of the delay.

4. This order has been challenged on the ground that the State Commission has not appreciated the facts correctly and has failed to consider the fact that the free copy was dispatched only on 13.06.2017 and the Advocate of the Petitioner dispatched the letter informing that the award had been passed against the Petitioner, only on 22.06.2017; that the Petitioner had received free copy of the order along with letter of lower court Advocate only on 01.07.2017 and that there was no fault on the part of the Petitioner and the delay had occurred on account of the act of their Counsel.

5. I have given due consideration to the contentions of the learned Counsel. The grounds given by the Appellant in the Application supporting their Appeal for condonation of delay are reproduced as under:

'3. That your Petitioners state that the impugned judgment and decree was passed on April 24, 2017, however, the certified copy was made available to the Learned Advocate on Record on 13th June, 2017 and the same was finally received by the Petitioner at their Head Office at Chennai on July 1st, 2017.

4. That you Petitioner states that thereafter the Petitioner being a Company and bound by myriad auditable procedures, had to take appropriate steps to prepare all papers particularly, the Statutory Demand Draft for the prescribed amount for handing over of the same to the Learned Advocate on Record appearing in connection with the Appeal.

5. That your Petitioner states that upon having complied with the aforesaid procedures as stated above, all papers along with the statutory Demand Draft was transmitted by the Petitioners which reached the office of our Learned Advocate on Record appearing on behalf of the Petitioner at Kolkata only on 25th July, 2017. Thereafter the Appeal was drafted and sent to the legal department of the Petitioner who gave their confirmation by 7th August 2017, however, the learned Advocate on record could not be reached since he was unavailable owing to personal reasons and could only be contacted after the holidays of Janmashtami and Independence Day, and as such the said Appeal could not be filed within the limitation period despite the Petitioners best efforts.'

6. It is noteworthy that in the entire Application, the Petitioner had not disclosed the number of days by which the Appeal was delayed. The grounds taken by the Petitioner in the Application seeking condonation of delay, which are also reproduced as above, do not give any convincing and sufficient explanation for the delay. Shifting the entire burden on the shoulders of the learned Counsel who was representing the Petitioner is not sufficient ground. The law requires that the parties itself should be vigilant about their case. The State Commission has also observed certain facts as under:

'Lastly, if we are to trust the contention of the Appellant as gospel truth, then it would appear that a considerable time was wasted in moving the file from one office to another. There is no reason to believe that branch offices of the Appellant are not connected with their H.O. through computer network. It is indeed surprising that despite finding that the statutory period of moving the Appeal got over long ago, they did not opt for sending the requisite documents through mail, thereby saving crucial time.'

7. These facts clearly show that the Petitioner had been acting in a very casual manner while dealing with such serious matters related to consumers. There is no doubt that the law requires that while dealing with the matters related to condonation of delay in filing the Revision Petitions/Appeals, Courts have to act liberally but where the delay is unexplained and is not convincing and no sufficient cause is shown, the courts are also justified in rejecting the Revision Petitions/Appeals. In 'Ram Lal and Ors. vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361', the Hon’ble Supreme Court while dealing with the matter of condonation of delay has observed as under:

'It is, however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a discretionary jurisdiction vested in the Court by S.5. If sufficient cause is not proved nothing further has to be done; the application for condonation has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant.'

8. The Hon’ble Court in another case of 'R. B. Ramlingam vs. R. B. Bhavaneshwari, I (2009) CLT 188 (SC), has clearly laid down the guidelines and the basic test which the court has to apply while dealing with the matters related to condonation of delay, to judge whether the Petitioner had acted with reasonable diligence or not. The Hon’ble court has held as under:

"We hold that in each and every case the Court has to examine whether delay in filing the special appeal leave petitions stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition.'

9. The Hon’ble Supreme Court has also held in 'Anshul Aggarwal vs. New Okhla Industrial Development Authority, (2011) 14 SCC 578,' that the courts have to keep in mind the object of the Act while dealing with the special provision of limitation prescribed under the Act. In relation to the period of limitation prescribed under the Consumer Protection Act, 1986, the Hon’ble court has held as under:

'It is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the Court has to keep in mind that the special period of limitation has

Please Login To View The Full Judgment!

been prescribed under the Consumer Protection Act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the consumer Fora." 10. The Petitioner has been unable to show any cogent reason for delay. From the explanation/reasons given for condonation of delay, it is apparent that it is usual causal dealings in the office of the Petitioner which had caused the delay. The State Commission has correctly observed that the final orders are uploaded on the websites and so it cannot be presumed that till the time the Advocate of the Petitioner informed them about the disposal of the case they were unaware of the same. The law helps the informed vigilant litigants and not the one who are lazy. I find no merit in the Revision Petition. The same is dismissed.
O R







Judgements of Similar Parties

18-09-2020 Sundaram Home Finance Limited Versus Rahul Jayvantrao Kaulavkar & Others High Court of Judicature at Bombay
31-08-2020 Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Towers, Chennai Versus Manickam & Others High Court of Judicature at Madras
31-08-2020 Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Towers, Chennai Versus Manickam & Others High Court of Judicature at Madras
13-08-2020 S. Chinna Gounder, Member, Sree Sastha Nagar Manai Nila, Sondakkaragal Sangam, Versus S. Bala Sundaram, Secretary, Salem & Another High Court of Judicature at Madras
28-07-2020 M/s. Royal Sundaram Alliance General Insurance Co.Ltd., Rep.by its Branch Manager, Cantonment Versus Kaanikkaimery & Others High Court of Judicature at Madras
13-07-2020 Royal Enfield Employees Union, Rep. by its General Secretary, Chennai Versus The Government of Tamil Nadu, Rep. by its Secretary Labour & Employment Department, Chennai & Others High Court of Judicature at Madras
17-06-2020 Sreejith Varma Versus Poonjar Koyikkal Royal Family Trust, Represented by Its Secretary, Anil Kumar Varma, Ernakulam High Court of Kerala
15-06-2020 Nabi Alam @ Abbas Versus State (Govt of NCT of Delhi) High Court of Delhi
05-06-2020 M/s. ORJ Electronics Oxides Ltd., By its Managing Director O.R.J. Jaffar Batcha & Director V. Sundaram & Others Versus State by Inspector of Police, SPE, CBI, Economic Offence Wing, Chennai High Court of Judicature at Madras
05-06-2020 M.S. Jayaprakash & Another G. Sundaram (died) & Others High Court of Judicature at Madras
10-04-2020 Shadab Alam Versus State High Court of Delhi
23-03-2020 Royal @ Ramalingam Versus State Rep. by Deputy Superintendent of Police, Trichy Before the Madurai Bench of Madras High Court
11-03-2020 Renuga Meenakshi Sundaram Versus The Chief Educational Officer, Sivagangai & Others Before the Madurai Bench of Madras High Court
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
05-03-2020 K.M. Suresh Babu Versus M/s. Sundaram Finance Limited, Chennai & Others High Court of Judicature at Madras
04-03-2020 Mahey Alam Versus State High Court of Judicature at Allahabad
03-03-2020 Pachayammal (Died) & Others Versus M/s. Sundaram Finance Limited, Chennai High Court of Judicature at Madras
02-03-2020 V.M. Bijili & Another Versus Sundaram Finance Limited, Rep. by its Manager (Legal), Chennai High Court of Judicature at Madras
02-03-2020 Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Abutahir & Others High Court of Judicature at Madras
28-02-2020 V. Ramalingam & Another V/S K.S. Sundaram And Others High Court of Judicature at Madras
27-02-2020 M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Karmi Devi & Others High Court of Judicature at Madras
25-02-2020 P. Sundaram & Others Versus The Revenue Secretary, Government of Tamil Nadu, Chennai & Others High Court of Judicature at Madras
21-02-2020 T.P. Akbar & Another Versus M/s. Sundaram Finance Ltd., Represented by its Managing Director, Chennai & Another High Court of Judicature at Madras
21-02-2020 M/s. Sundaram Finance Ltd., by its Branch Manager, Ernakulam Versus T.P. Akbar & Others High Court of Judicature at Madras
17-02-2020 K.441 Brammadesam Primary Agricultural Co-operative Credit Society Limited, Rep. by its Secretary, G. Sundaram & Others Versus The Income Tax Officer, Ward -2 (5), Erode & Another High Court of Judicature at Madras
14-02-2020 M/s. Bharat Petroleum Corporation Ltd., Rep. By its Territory Manager (Retail), K. Manoj Versus N.K. Sundaram, Proprietor, M/s. Salila Auto Fuels Bharat Petroleum Dealers, Mahe High Court of Judicature at Madras
13-02-2020 Md Shafique Alam Versus State of Bihar High Court of Judicature at Patna
11-02-2020 S. Meenakshi Sundaram Versus The Presiding Officer, I Additional Labour Court, Chennai & Another High Court of Judicature at Madras
04-02-2020 Md. Mofazzular Rahman & Others Versus Md. Sarfaraz Alam & Others High Court of Judicature at Calcutta
30-01-2020 Sundaram Bnp Paribas Home Finance Limited Versus State of Gujarat High Court of Gujarat At Ahmedabad
30-01-2020 M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus D. Gunasekaran High Court of Judicature at Madras
18-01-2020 Mokhtar Alam @ Md Mokhtar Alam Versus State of Bihar High Court of Judicature at Patna
14-01-2020 S.M. Zaheer Alam Versus National Council for Teacher Education (NCTE) through its Chairperson, New Delhi & Others High Court of Judicature at Patna
13-01-2020 Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Towers, Royapettah, Chennai & Others V/S B. Manjula & Others High Court of Judicature at Madras
09-01-2020 Dr. R. Sundaram Versus S. Saradha & Others High Court of Judicature at Madras
08-01-2020 Parwez Alam @ Md Prawez Alam Versus State of Bihar High Court of Judicature at Patna
20-12-2019 S. Thanigaivel Versus The Manager, Royal Sundaram Alliance Insurance Co. Ltd., Chennai & Others High Court of Judicature at Madras
13-12-2019 Abdul Azeez Versus The Area Manager, LIC Housing Finance Ltd, Royal Palace Building, Kozhikkode & Others Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
11-12-2019 Tanveer Alam Versus Dr. Mohammad Massod Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-12-2019 Royal Sundaram General Insurace Co. Ltd., Rep. by its Manager & Another Versus Subrata Shaw West Bengal State Consumer Disputes Redressal Commission Kolkata
03-12-2019 Legal Manager, Royal Sundaram Alliance Insurance Company Limited Versus Pushpalatha & Others High Court of Karnataka
27-11-2019 Jhuti Versus Royal Mail Group Ltd. United Kingdom Supreme Court
22-11-2019 M. Sundaram Versus V.P. Periasamy High Court of Judicature at Madras
22-11-2019 W.N. Allal Sundaram Versus The Commissioner H.R. & C.E. Admn. Department & Others Supreme Court of India
18-11-2019 Royal Sundaram Alliance Insurance Co. Ltd., Through its authorized officer, at Chennai Versus Chandrakala Ashok Kadam & Another In the High Court of Bombay at Aurangabad
13-11-2019 Saghira Bano Versus Mahmood Alam & Others High Court of Judicature at Calcutta
11-11-2019 M/s. Premier Distilleries (P) Ltd., Represented by its Manager K. Sundaram, Pondicherry Versus The Labour Court, Pondicherry & Others High Court of Judicature at Madras
04-11-2019 T. Agoramurthy Versus M. Sundaram High Court of Judicature at Madras
16-10-2019 Sajeev Govindan, Proprietor – Royal Cafe, Rep. by Power of Attorney, Naresh Desingh Versus The District Collector, Ex-Officio President, Nilgiris & Others High Court of Judicature at Madras
15-10-2019 M/s. Royal Sundaram Alliance Ins. Co. Ltd., Royapettah, Chennai Versus M. Govindan & Others High Court of Judicature at Madras
19-09-2019 R. Sundaram Versus M/s. Raja Theaters, Dissolved firm, rep. by its Erstwhile Partner Ravindranath, Coimbatore & Others High Court of Judicature at Madras
12-09-2019 Nizamuddin @ Saiyad Nizamuddin Versus Saiyad Shahnawaz Alam @ Laddan & Others High Court of Judicature at Patna
09-09-2019 Ghulam Yazdani & Another Versus Mumtaz Yarud Dowla Wakf, Malakpet, Hyderabad, rep. by its Hony. Secretary, Nawab Mahboob Alam Khan & Others High Court of for the State of Telangana
04-09-2019 Gaddam Kamala Others Versus Royal Sundaram Alliance Insurance Company Limited & Others High Court of for the State of Telangana
27-08-2019 Royal Sundaram Alliance Insurance Co. Ltd. Versus Manish Shivlalbhai Kalavadiya National Consumer Disputes Redressal Commission NCDRC
27-08-2019 The Area Manager, Food Corporation of India, District Office, Cuddalore & Others Versus S. Sundaram & Others High Court of Judicature at Madras
16-08-2019 M/s. Amritrashi Apartment Pvt. Ltd. Versus J.B. Rayees Alam & Others High Court of Judicature at Calcutta
01-08-2019 Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam & Another Versus State of Bihar High Court of Judicature at Patna
29-07-2019 Royal Sundaram Aliance Insurance Co. Ltd. Versus M.K. Shihabudheen Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
19-07-2019 Kavitha Versus T. Sundaram High Court of Judicature at Madras
18-07-2019 West Bengal State Electricity Distribution Co. Ltd. Versus Noor Alam Mollah & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Md. Sarfaraz @ Md. Sarfaraz Alam & Another Versus The State of West Bengal High Court of Judicature at Calcutta
01-07-2019 K.C. Sundaram Versus The Additional Registrar of Co-operative Societies (Sales, Planning and Development), Chennai & Others High Court of Judicature at Madras
17-06-2019 Royal Dryfruit Range V/S Royal Suvidha High Court of Judicature at Bombay
07-06-2019 L'Oratoire Saint-Joseph du Mont-Royal Versus J.J Supreme Court of Canada
04-06-2019 Sundaram Versus N. Swarnalatha High Court of Judicature at Madras
04-06-2019 Royal Sundaram Alliance Insurance Company Limited, Sundaram Towers, Chennai Versus Jenitha Naveen @ Jenitha Begam & Others Before the Madurai Bench of Madras High Court
30-05-2019 For the Petitioner: I. Alam, Advocate. For the Respondent: ------------- High Court of Gauhati
30-05-2019 Rahul Sundaram Versus Life Insurance Corporation of India & Others National Consumer Disputes Redressal Commission NCDRC
29-05-2019 A. Alam Pasha Versus Ravishankar High Court of Karnataka
20-05-2019 Hitesh Gola Versus Royal Bank Of Scotland, India & Others High Court of Delhi
02-05-2019 Royal Sundaram Alliance Insurance Co Ltd. Versus Sulekha Mondal (Adhikary) & Others High Court of Judicature at Calcutta
26-04-2019 Girish Mittal Versus Parvati V. Sundaram & Another Supreme Court of India
26-04-2019 Md Noor Alam & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
16-04-2019 Shankar Reddiar (deceased) & Others Versus Royal Reddiar & Others High Court of Judicature at Madras
15-04-2019 Royal Sundaram Alliance Insurance Company Limited, Chennai V/S Malathi Gopinath And Others High Court of Judicature at Madras
09-04-2019 Parwez Khan @ Parwez Alam Versus State of Bihar High Court of Judicature at Patna
08-04-2019 Mofikul Alam Molla & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
02-04-2019 M/s. Royal Sundaram Alliance Insurance Co. Ltd. Versus K. Reshma Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
02-04-2019 Royal Sundaram General Insurance Co. Ltd Versus Ashok Kumar Somani & Another National Consumer Disputes Redressal Commission NCDRC
01-04-2019 M/s. Hariprasad Associates Versus M/s. Royal Landmarks Housing & Developers Private Limited National Company Law Tribunal Chennai
28-03-2019 Sundaram Brake Linings Ltd., Represented by the Chairman & Managing Director, Padi, Chennai Versus M.S. Subramanian High Court of Judicature at Madras
26-03-2019 N. Srinivasa Rao Versus M/s. Sundaram Finance Ltd., Chennai & Another High Court of Judicature at Madras
18-03-2019 M/s. Sundaram Finance Limited, represented by its Assistant Manager (Legal) S.K. Kamalanand Versus The Transport Commissioner, Government of Tamil Nadu, Chepauk, Chennai & Others Before the Madurai Bench of Madras High Court
06-03-2019 M/s. Sundaram Finance Limited., Chennai Versus The Assistant Commissioner of Income Tax, Company Circle VI(4), Chennai High Court of Judicature at Madras
06-03-2019 M/s. Sundaram Finance Limited., Chennai Versus The Assistant Commissioner of Income Tax, Company Circle VI(4), Chennai High Court of Judicature at Madras
05-03-2019 M/s. Sundaram Industries Limited, Represented by its President & Secretary K.S. Viswanathan, Madurai Versus The State of Tamil Nadu, Represented by the Secretary to Government, Department of Commercial Taxes & Religious Endowments, Chennai & Others Before the Madurai Bench of Madras High Court
28-02-2019 Commissioner of Customs (Export), Nhava Sheva Versus M/s. Royal Robe Corporation Customs Excise amp Service Tax Appellate Tribunal West Zonal Bench At Mumbai
18-02-2019 C. Sundaram Versus State of Tamil Nadu Rep. by its Secretary to Government Department of Labour and Employment, Chennai & Others Before the Madurai Bench of Madras High Court
05-02-2019 Royal Sundaram Alliance General Insurance Co. Ltd., Rep. by its Manager, Chennai Versus Ellappan & Others High Court of Judicature at Madras
05-02-2019 Royal Sundaram Alliance General Insurance Co. Ltd., Rep. by its Manager, Chennai Versus Ellappan & Others High Court of Judicature at Madras
31-01-2019 Manager, Royal Sundaram Alliance Insurance Company Ltd., Chennai Versus Bharati Rajaram Mouli & Others High Court of Karnataka Circuit Bench At Dharwad
29-01-2019 M/s. Royal Sundaram Alliance Insurance Company Limited, Chennai Versus Rajendhiran & Others High Court of Judicature at Madras
29-01-2019 Jane Alam Molla & Another Versus State of West Bengal High Court of Judicature at Calcutta
28-01-2019 The Divisional Manager, Royal Sundaram Alliance Insurance Company Ltd., Madurai V/S H. Nayamujahan & Others Before the Madurai Bench of Madras High Court
25-01-2019 E.P. Paramasivam & Another Versus M/s. Sundaram Finance Ltd., Chennai High Court of Judicature at Madras
24-01-2019 Sukla Chakraborty Versus Abed Alam & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
22-01-2019 V. Sundaram Versus Sandhiyarani High Court of Judicature at Madras
15-01-2019 Habib Rajmohamad Patel Versus Chairman/Secretary, Royal Western Turf Club India Ltd. (RWITC) Competition Commission of India