Per Hon’ble Mr.S.R.Khanzode, Presiding Judicial Member
This appeal takes an exception to an order dated 07/03/2009 passed on Misc.application bearing no.06/2008 for condonation of delay as well as simultaneously disposing the consumer complaint bearing no.580/2008, Shri Inderlal A. Talreja v/s. New India Assurance Co. Ltd., by District Consumer Disputes Redressal Forum, Thane. At the time of hearing of appeal, respondent and his counsel remained absent. Hence, we heard the counsel Mrs.Kalpana Trivedi for the appellant.
It is a case of arbitrarily repudiating the insurance claim of respondent/complainant for his hospitalization during the period 15/06/2003 to 16/06/2003 and 25/6/2003 to 03/07/2003 in connection with his heart problem where he was admitted for Angiography and for observation. The insurance claim stood rejected on 04/02/2005 (and not on 04/02/2004), as submitted by the Ld.counsel for the appellant. However, consumer complaint came to be filed along with delay condonation application on 24/12/2008. There is hardly any explanation given to explain the inordinate delay in filing the consumer complaint. Reason given to condone the delay is that the claim is rejected by the opponent on fictitious grounds and the Insurance Company took much time to repudiate the claim. We think this can be hardly a ground to condone the delay. It is for the complainant to explain its own circumstances which contributed the delay and show sufficient reason to condone the delay. This is not done by the complainant. Under the circumstances, impugned order condoning the delay gets vitiated and cannot be supported in appeal.
We further find that once there is delay in filing the complaint, that issue needs to be decided first. Without condoning delay, complaint cannot be admitted and taken cognizance of. Under these circumstances, further trial of the complaint also gets vitiated.
Since the delay in filing the complaint is not properly explained and no sufficient reason is shown by the complainant to get condone the delay, entire order needs to be set aside. We hold accordingly and pass the following order:-
ORDER
Appeal is allowed.
Impugned order dated 07/03/2009 is quashed and set aside.
Application for condonation of delay in filing the consumer complaint stands dismissed. In the result, consumer complaint is not entertained and stand disposed of accordingly.
In the given circumstances, no order as to costs.
Pronounced on 16th April, 2013.
