Surender Kumar     vs.  ICICI Lomabrd GIC etc.

Dated: 16.10.2023

Present: -     Sh. Mukesh Arya, Advocate for applicant/ complainant.

Heard on the point of maintainability of complaint being beyond limitation of two years.

The complainant has filed this complaint against the opposite parties seeking insurance claim for the loss of his cotton crop of Kharif, 2017. As such complainant has filed this complaint after long delay as the crop of complainant which was damaged pertained to the year 2017 and cause of action arose to the complainant in year 2018. Although complainant has filed an application for condonation of delay in filing the present complaint but the perusal of file reveals that complainant got issued legal notice to the ops in the month of June, 2019, meaning thereby that complainant has contacted counsel and even after consultation no complaint has been filed within prescribed period of limitation of two years and more so there is no sufficient cause or explanation by justifiable grounds to file this complaint on 10.10.2023. The delay has not been explained with sufficient cause to institute this complaint after expiry of limitation period as per provisions of Section 69 of Consumer Protection Act, 2019. The learned counsel for complainant relied upon order of the Hon’ble Apex Court dated 10.01.2022 passed in Misc. Application No.21 of 2022 with other misc. applications vide which the limitation for the period of COVID-19 pandemic i.e. from 15.03.2020 to 28.02.2022 was excluded but even after exclusion of period 15.03.2020 to 28.02.2022 the complainant failed to file the present complaint in time. There is no sufficient cause to condone the delay as period of more than one year and seven months after 28.02.2022 and five years from the cause of action have elapsed. As such the application for condonation of delay in filing the present complaint is hereby dismissed and accordingly the complaint is also dismissed in limine being barred by limitation. A copy of this order be supplied to the complainant as per rules. File be consigned to the record room.     

Announced:                             Member      Member                President          

Dt. 16.10.2023.                                                                    DCDRC, Sirsa.