Case Note & Summary
The case pertains to a second appeal filed by Ageas Federal Life Insurance Company against the order of the Kerala State Consumer Disputes Redressal Commission dated 31st July 2025, which dismissed the appellant's first appeal (FA/402/2025) on account of delay of 137 days. The appellant had filed IA/570/2025 seeking condonation of delay, but the State Commission found the grounds insufficient and dismissed both the IA and the appeal. Aggrieved, the appellant filed the present second appeal before the National Consumer Disputes Redressal Commission. The National Commission heard the counsel for the petitioner and perused the records. Considering the nature of the case and the contention that the appellant has a good case on merits, the Commission set aside the State Commission's order and restored the appeal, subject to the appellant paying Rs. 40,000 to the complainant and depositing Rs. 10,000 in the Legal Aid Account of the State Commission within six weeks. The State Commission was directed to dispose of the appeal within four months. The parties were directed to appear before the State Commission on 14th November 2025. The Commission also stayed execution proceedings pending before the District Forum in CC/199/2022 until that date. It was clarified that if the amounts are not paid/deposited, the second appeal would stand automatically dismissed.
Headnote
A) Consumer Law - Condonation of Delay - Second Appeal - Delay of 137 days in filing appeal before State Commission - State Commission dismissed IA for condonation of delay and consequently the appeal - National Commission set aside the order subject to payment of Rs. 40,000 to complainant and deposit of Rs. 10,000 in Legal Aid Account of State Commission - Held that considering the nature of the case and grounds advanced, delay condoned on payment of costs (Paras 1-3).
Issue of Consideration
Whether the State Commission was justified in dismissing the appeal on the ground of delay of 137 days without condoning the delay, and whether the National Commission should interfere in second appeal.
Final Decision
The order of State Commission in FA/402/2025 dated 31.07.2025 is set aside and the appeal is restored to its original number, subject to petitioner paying Rs. 40,000 to the complainant and depositing Rs. 10,000 in the Legal Aid Account of State Commission within six weeks. Execution proceedings stayed until 14.11.2025. SA/621/2025 disposed of.
Law Points
- Condonation of delay
- Sufficient cause
- Consumer Protection Act
- 2019
- Section 41
- Section 67
- Second appeal
- Restoration of appeal
