Shri  Avinash V Prabhune, Member 

        Heard learned counsels for both parties & perused application/reply. 

1     The complainant had filed present complaint under Section 12 of the Consumer Protection Act against O.P. for repudiating death Insurance claim vide letter dtd 11.06.2013 for her husband. The complainant had also filed application for Condonation of delay on dtd 17.10.2019. 

2     The complainant submitted that her deceased husband met with road accident on dt 02.11.2012 & subsequently died on dt 06.11.2012. O.P. repudiated claim vide letters dtd 11.06.2013 & 17.06.2013 on the grounds of non availability of valid driving licence with deceased at the time of accident. Complainant, vide letter dtd 31.10.2018, represented to OP regarding incorrect repudiation of her claim. OP did not sent any reply, therefore, Complainant had filed present Complaint along with application of condonation of delay of 1558 days (i.e. from 16.06.2015 to 25.09.2019) in filing present complaint. 

3     The OP submitted that husband of Complainant expired on 06.11.2012 & insurance claim was rightly rejected vide letter dtd 11.06.2013 due to non availability of driving license at the time of accident. OP further submitted that Complainant had not given any reason or sufficient cause for not filing complaint with specified time limitation under The Consumer Protection Act, 1986. OP prayed for rejection of the present application for condonation of delay. 

4     It is matter of records & undisputed fact that death insurance claim of the Complainant against Policy Number 977803131 was rejected by OP vide letters dtd 11.06.2013 & 17.06.2013. In fact, as per Section 24A of the Consumer Protection Act 1986, the complainant was under legal obligation to file Consumer complaint within 2 years from the repudiation of the Insurance claim. i.e. upto June 2015. Complainant had filed present Complaint on dt 17.10.2019. i.e. after about 1585 days from repudiation of claim on dtd 17.06.2013. 

5.    Complainant had not given any satisfactory explanation for the delay. It can be seen from the merits of the case that OP, vide letter dtd 11.06.2013, had rejected claim mainly on the grounds of non availability of valid driving license at the time of accident. OP had given an opportunity to Complainant to submit valid driving license but Complainant failed to comply with OPs requirements. It can be seen from the document No ‘D’ filed with Complaint that driving license of deceased was expired on 14.06.2012 & deceased met with an accident on 02.11.2012, therefore, OP’s contentions about non availability of valid driving license at the time of accident are correct. Complainant’s submissions about of non receipt of reply from OP against her representation dtd 31.10.2018 would not help in seeking condonation for delay in the present matter It is settled position that limitation period would not be extended merely by effecting any communication with OP.

6.    Hon Supreme court & Hon NCDRC has consistently held in catena of judgments that condonation of delay applications should not be allowed routinely unless sufficient cause for the delay is explained to the satisfaction of the fora, considering the special provisions & limitations given in the Consumer Protection Act, 1986 for expeditious disposal of the Consumer complaints/Appeals. Moreover, the rights of the other parties also cannot be ignored lightly & those cannot be punished by entertaining hugely delayed condonation applications of casual, negligent applicants.

7.    Hon Supreme Court had also observed that Special limitation periods have been prescribed under 1986, the Consumer Protection Rules, 1987 and the Regulations, 2005 for speedy disposal of consumer disputes.

In ‘Anshul Aggarwal vs. New Okhla Industrial Development Authority reported at IV (2011) CPJ 63 (SC) has laid down that:

"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 been prescribed under the 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 Foras."

8.    In the instant case, Complainant had not filed any document on records to demonstrate complainant’s efforts in filing Consumer complaint within 2 years limitation period. i.e. from June 2015 to Oct 2019. Complainant was not diligent about pursuing her matter in time bound manner. The reasons given by the complainant in the said application regarding delay in filing the complaint are not satisfactory & sufficient to condone delay.  

9.    The complaint is barred by limitation by about 1583+ days of delay and no proper explanation has been given in the application filed by the complainant under Section 24-A of the Consumer Protection Act, 1986. Thus, on the facts of the case, the complaint filed by the complainant is hopelessly barred by limitation. 

10.   The present application filed by the complainant under Section 24A of the Consumer Protection Act,1986 for condonation of delay in filing the complaint, is hereby rejected. Consequently, the complaint also stands dismissed. No orders as to Costs.