The State Commission dismissed the appeal as barred by limitation as well as on merits.

          There was a delay of 127 days in filing the appeal which was above the statutory period of 30 days given for filing the appeal.  The State Commission did not condone the delay as the petitioner had failed to assign sufficient cause for condonation of delay.  We agree with the same.  The State Commission has rightly dismissed the appeal as barred by limitation.

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          The State Commission, thereafter, dismissed the appeal as well.  The only point which arose for consideration before the State Commission was whether at the time when wife of the petitioner took treatment in Mallya Hospital on 20.5.2007, any policy was in force.  Petitioner had earlier taken the policy for the period from 31.1.2006 to 30.1.2007.  The policy for the period from 31.1.2007 to 30.1.2008 was not renewed as the petitioner had failed to pay the premium amount to the respondent.  According to the counsel for the petitioner, the petitioner had an arrangement with Standard Chartered Bank’s Credit Card from which automatic deduction was to be made towards the premium.  Learned counsel for the petitioner relies upon the statement issued by Standard Chartered Bank with regard to credit card reflecting various transactions during the relevant period.  Against this, the respondent bank in its affidavit has clearly stated that the card was not active when the debit instructions were received from the opposite party No.1.  As the premium had not been received, the policy was not renewed meaning thereby as on the date

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of taking the treatment, i.e. 20.5.2007 no policy had been issued in favour of the petitioner or his wife.  Both the lower fora have dismissed the complaint filed by the petitioner on the ground that in the absence of any policy, the claim filed by the petitioner could not be entertained.  We agree with the view taken by the fora below.  Dismissed.  No costs.