Tripura

West Tripura

CC/58/2017

Sri Pallab Barman. - Complainant(s)

Versus

Birla Sun Life Insurance Company Ltd. - Opp.Party(s)

Mr.S.Saha.

23 Aug 2017

ORDER

Ld. Advocate for petitioner & O.P. appeared.
We have already heard both side on prayer 
for condonation of delay of 4 years 5 months 25 days.
Cause of delay is written old age suffering from different ailment & staying in the house of daughter at Bangalore.
Period of ailment not mentioned. Some photo copy of prescription & report of 2013-14 ,2016, 2017 produced. With illness he filed the case after four years & five months. Cause of action arose on October 2011 when premium was scheduled to be paid., policy document not received.
So by October 2013 within two years he could file the complaint. 
What illness prevented him to do so not described in the petition.
Ld .Advocate for petitioner reffered the decision of Honble Apex court in civil appeal No3883 of 2007. Ld. Advocate for O.P placed his reliance decision of National consumers disputes redressal Forum in Rev petition No35932014.
We have gone through decision . Delay may be condoned if cause of delay is just & it is properly explained. 
Petitioner has not given dates from which to which date he suffered illness. 
Type of illness & period of stay at Bangalore also not mentioned. With illness if he can move to Bangalore he could also come to Forum.
With same illness if he can file complaint in 2017 why it is not filed
in 2013 within limitation period. All these questions not  answered or explained.
Therefore this delay of 4years& 5 months is not for any just cause.
Sufficient explanation for delay not given. Ignorence of law is no excuse.
As such prayer for condonation of delay is rejected. 
The case is barred by limitation & dismissed.

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