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 14.11.2014 for her husband. The complainant had also filed application for Condonation of delay on dtd 05.06.2018.

2     The complainant submitted that her deceased husband died on 22.11.2013 due to jaundice & weakness. O.P. repudiated claim vide letters 14.11.2014 & 16.12.2014 on the grounds of deliberate misstatements & withholding material information regarding health condition of complainant’s husband. OP 3 further informed vide letter dtd 16.04.2015 that her claim was placed before Central office claims Dispute Redressal Committee but decision about repudiation was not changed, which was informed to Complainant vide letter dtd 01.10.2015. Complainant contacted her Advocate for getting opinion about filing consumer complaint & handed over documents to Advocate in November 2016 for filing consumer complaint. Complainant was under presumption that Advocate had filed consumer complaint but surprised to find that Advocate had not filed complaint. Complainant thereafter, Contacted another advocate on 15/28 January 2018 & filed present complaint in April 2018. Complainant prayed for condoning delay without specifying period of delay.

3     The OP submitted that husband of Complainant expired on 22.11.2013 & insurance claim was repudiated vide letter dtd 14.11.2014, thereafter, Complainant availed remedy by approaching higher authorities to reconsider repudiation. OP finally informed Complainant vide letter dtd 01/10/2015 & confirmed repudiation. OP further submitted that husband of the Complainant was expired on 22.11.2013, therefore, Complainant ought to have filed her Consumer complaint before 21.11.2015 (i.e. two years from the cause of action) as the subsequent communications do not extend limitation period. Complainant’s presumption about filing of complaint by Advocate cannot be accepted & name of the Advocate is also not disclosed. OP further submitted that justifications given by Complainant for delay are an afterthought & concocted story. Complaint filed after period of about 4 years is barred by limitation period in view of 2 years period as provided in the Consumer Protection Act 1986. OP denied justification of the Complainant for the delay advocate in the absence of documentary evidence on records. OP prayed for rejection of the present application for condonation of delay.

4     It is matter of records & undisputed fact that death insurance claim against Policy Number 977803131 was submitted by Complainant but OP informed final decision about repudiation of claim on 01.10.2015. Complainant,, as per Section 24A of the Consumer Protection Act 1986, had an option to file Complaint within 2 years from the repudiation of the Insurance claim. i.e. upto September 2017. It can be seen that Complainant had pursued matter with Advocate for filing consumer complaint but it was not materialized. Complainant had engaged other advocate in Jan 2018 and filed Complaint in April 2018.

5.          It is settled position that liberal view is to be adopted while deciding application for condonation of delay. No doubt there is delay of about 240 days in filing complaint but it cannot be ignored that Complainant is widow lady. Moreover, delay in filing complaint appears to be bonafide, unintentional. We feel that Complainant should not suffer for the delay in filing complaint by advocate within stipulated time. It is also clear that Complainant is not being benefitted due to delay in filing complaint. The present application for condonation of delay filed by the complainant deserves to allowed, hence allowed. Consumer complaint be placed for admission hearing.