Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

           Learned Counsel appearing for the O.P. brought to our notice that the complaint is barred by limitation and there is no application for condonation of delay.  To counter this, Learned Counsel appearing for the complainant insisted that the cause of action is from the date of repudiation of the insurance claim by the Insurance Company/O.P. as per letter dated 16/04/2009 and therefore, the consumer complaint is within time.  We are unable to accept this contention of the Learned Counsel in view of decision of the Apex Court in the matter of Kandimalla Ravhavaiah & Co. V/s. National Insurance Co. Ltd. & Anr., III (2009) CPJ 75 (SC).  The cause of action arose on the date of theft i.e. 26/06/2007.  Under the circumstances, since, the consumer complaint is barred by limitation, it cannot be entertained.  Hence, we pass the following order :-

                             -: ORDER :-

1.       Complaint is not admitted as barred by limitation and disposed of accordingly.

2.       Both parties shall bear their own costs.

3.       Copies of the order be furnished to the parties.