​Order No.  3  dt.  30/11/2017

            The complainant filed this case against the o.p. Insurance Company with  the allegation that because of norwester followed by heavy rainfall the factory’s shed was damaged for which the complainant informed the said fact to o.p.1 who appointed a surveyor for assessment of the loss. The surveyor after doing the survey work submitted a report assessing the loss to the tune of Rs.1,71,807/- The o.p.1 on the basis of surveyor’s report issued a voucher dated 25.03.2014 to the complainant for full and final settlement. The complainant did not accept the settlement of the insurance company. From the petition of complaint it appears that the cause of action arose for the first time on 25.03.2014 and continued till 18.12.2014 but the complainant did not file this case within the statutory period of two years. Though the complainant filed a petition praying for condonation of delay but the same was neither verified nor it was filed by swearing an affidavit of the deponent i.e the Managing Director of the said company. Apart from the said fact the contents of the said petition did not disclose how the delay was committed in respect of filing of the case beyond the statutory case. Having regard to the said fact we hold that the case is hopelessly barred by limitation and the process cannot be issued against the o.ps. Accordingly the case filed by the complainant is a misconceived one and the same is dismissed in limini.