Today is fixed for admission hearing of this Complaint.

The Ld. Counsel for the complainant is present who has advanced argument on the point of admissibility of this complaint.

We have heard at length and also perused the petition of complaint along with the relevant documents.

It is seen by us that the Insurance claim of the Complainant was repudiated by the Op 2 on 08.08.2019.

This complaint is filed by the complainant on 09.09.2021 i.e. after lapse of more than two years. As per settled Law cause of action arose on 09.08.2019. Therefore the complaint was required to be filed on or before 07.08.2021, but it is filed on 09.09.2021. For this reason a separate application is required to be filed by the complainant on affidavit praying for condonation of delay in view of the Section 69 (1) of the Consumer Protection Act, 2019.

In the said Section it is enumerated that “the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

In the sub-Section (2) of the said Section it is written that a complaint may be entertained after the period specified in sub-Section (1) , if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period……………………………….”

Having regard to the abovementioned Section and sub-Section we are of the opinion that as the complainant did not file any petition praying for condonation of delay along with this application, where it is palpable that there is delay in preferring this Complaint, we are not in a position to admit this Complaint.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint no. CC/255/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court/Commission for redressal of his grievance along with a separate petition on affidavit praying for condonation of delay, if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

 Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                  MEMBER