ORDER ON M.A. 15 of 2024 IN CC/565/2023

PER : HON. SMT. SAMINDARA R. SURVE, PRESIDENT

1.                     The present Application has been filed by the Complainant, seeking condonation of delay of 312 days in filing the present Complaint. The case of the Complainant that her husband was the policy holder of the Opposite Party, who died on 29^th July, 2020 in the Hospital. The Complainant lodged her claim on 7^th September, 2020 with the Opposite Party. The Opposite Party rejected the same on 31^st December, 2020. However, the present Complaint has been filed on 29^th November, 2023. Thereby, sought the condonation of delay in filing the Complaint on the ground of worldwide Pandemic Covid 19 lockdown from March, 2020.

2.                     The said application of the Complainant has been opposed by the Opposite Party, thereby relied upon the Judgement of the Hon’ble Supreme Court in the Suo Motu Writ Petition (Civil) no.03/2020 as also the Judgement of the Hon’ble National Commission passed in the case of Reliance Nippon Insurance Co. Ltd. v. Gopal (RP/765/2024).

3.                     Heard the parties, in the present case, the claim of the Complainant was rejected on 31^st December, 2020, therefore, the time limit for her to file the Complaint commenced from 1^st January, 2021 to 1^st January, 2023. However, the Hon’ble Supreme Court in the aforesaid Writ Petition, the period from 15^th March, 2020 to 28^th February, 2022 and from 1^st March, 2022 till 29^th May, 2022 was excluded for computing the limitation. Thus, the cause of action for filing the present complaint by the Complainant has arisen from 1^st January, 2021 However since the period from 15^th March 2020 to 30^th May 2022 has been excluded.  And since the present Complaint that has been filed on 29^th November, 2023, which is within a period of 2 years. Therefore, the delay in filing the present Complaint is condoned in view of the Order of the Hon’ble Supreme Court.