ORDERS ON IA.NO-1<br /> <br /> This is the application filed by the complainant U/sec. 24(A)(2) of C.P. Act for to condone the delay of (2) years (11) months if any, in filing this complaint for the reasons stated in the affidavit annexed to this petition.<br /> <br /> 2. The brief facts of the petitioner’s case are that, she submitted a claim petition before the opposite for to settle her claim regarding the death benefit of her husband in the second week of November-2006, opposite face value of Rs. 5000/- only in the month of December-2006 by assuring that, death benefit will be paid in due course. She requested all the while personally but opposite not settled her claim.<br /> <br /> 3. This petition is filed for to condone the delay of (2) years (11) months as a abandant caution, hence it was requested by her to such delay.<br /> <br /> 4. Opposite No-1 objected this petition by filing its objection that, there are no proper sufficient and good grounds to condone the delay. All other grounds stated by the complainant or without records and not sufficient grounds to condone such abnormal delay. Accordingly it prayed for to dismiss this application and complaint, as the said complaint is time barred.<br /> <br /> 5. In view of the contention and Rival contentions of the parties. Now the points that arise for our consideration and determination are that:<br /> <br /> 1. Whether the complainant has made out proper reasonable sufficient and grounds to condone the delay in filing this complaint, as prayed in this application.<br /> <br /> 2. What order.<br /> <br /> 6. Our findings on the above points are as under:-<br /> <br /> 1) In Negative.<br /> <br /> 2) In view of our finding on Point No-1, we proceed to pass the final order for the following.<br /> <br /> REASONS<br /> POINT NO.1:-<br /> <br /> 7. According to the facts pleaded by the complainant in her complaint at Para-5 that, the cause of action arose to her to file this complaint as on 21-03-10 which is the date of issuing legal notice to opposite.<br /> <br /> <br /> 8. Other facts pleaded by her as her husband died on 04-04-06 she being the nominee under the policy submitted her claim before the opposite in second week of November 2006, but opposite not settled her claim inspite of her personal and written requests.<br /> <br /> 9. Admittedly she filed this complaint on 11-09-10 with these facts she is contending that, her complaint is in time.<br /> <br /> 10. Contrary to the above pleadings she filed IA-1 U/sec. 24(A)(2) of C.P. Act by stating that, she filed IA-1 with an abundant caution for to condone the delay of (2) years (11) months.<br /> <br /> 11. The opposite contended that, the above said grounds are not proper grounds to condone such delay as prayed in IA-2.<br /> <br /> 12. The complaint is time barred previously such complaint was filed by the complainant but it was withdraw and now she came before the Forum with such application, accordingly opposite prayed for to dismiss the IA-1.<br /> <br /> 13. In support of the contention of the complainant relied on the following rulings:<br /> 1. II (2006) CPJ 259 NC<br /> Yashpal Marwksh V/s. Pushpa Builders & Others Head Note 2.<br /> 2. 2005 (4) KCCR 2281 SC<br /> State of Nagalanda V/s. Lipok & Others.<br /> 3. 2006 II CPR 85 NC<br /> National Insurance Company Ltd., V/s. Sukhdeve Singh Gil & Ors. Head Note.1.<br /> <br /> 14. The learned advocate for opposite relied on the following rulings:<br /> 1. 2010 CJ 1152 NC.<br /> Kwality Silk Processors Private Ltd., V/s. Oriental Insurance Company Ltd., <br /> 2. 2009 AIR 2210 Supreme Court.<br /> State Bank of India V/s. B.S. Agricultural Industries<br /> 3. 2003 (2) CPR 81 NC.<br /> KG Kumaran V/s. Dr. Santhram Shetty & Ors.<br /> 4. 2000(1) CPR Page 9 296.<br /> Mark International V/s. Bank of India & Ors.<br /> 5. 2000 (IV) CPJ Page 9 240.<br /> Douglas Antony V/s. Secretary, Kerala State Electricity Board & Ors.<br /> 6. 2000 (I) CPJ Page 9 403.<br /> <br /> 15. On careful perusal of the principles of their lordships as stated in the above said rulings, we are of the view that, the present complainant is intending that to right on two horses at one time. In pleadings of the complaint filed by her it is quite clear that her complaint is not barred by limitation as cause of action arose to her as on 21-03-10 which is the date of legal notice issued by her to opposite, we are of the view that, issuing legal notice to opposite dt. 21-03-10 will not enlarge Arbitration petition of (2) years as provided U/sec. 24(A)(2) of C.P.Act. Further principles of the rulings of their lordships noted above by both parties are very much clear that, complainant as to show proper reasonable and good grounds for to condone such delay in filing her complaint, as per the pleadings there was no delay for her to file this complaint but she is intending to take the benefit of section 24(A)(2) of C.P.Act for to condone the delay of (2) years (11) months as a Arbitration and Conciliation Act, we are of the view that, such contention of the complainant cannot be said as it is a proper sufficient and good grounds to condone such delay U/sec. 24(A)(2) of C.P.Act. The rulings referred by the parties, are helpful to the opposite but not to the complainant accordingly we are of the view that, this is not a proper application for to invoke provision 24(A)(2) of C.P.Act, accordingly we answered this point in negative.<br /> <br /> POINT NO.2:- <br /> <br /> 16. In view of our finding on Point No-1, we proceed to pass the following order:<br /> <br /> ORDER<br /> IA-1 filed by the opposite No-1 U/sec. 24(A)(2) of C.P. Act dt. 19-11-10 is dismissed.<br /> <br /> Consequently the complaint filed by the complainant id dismissed as it is time barred complaint.<br /> <br /> Intimate the parties accordingly.<br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 11-02-11)<br /> <br /> Sd/-<br /> Sri. Pampapathi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Gururaj, Member,<br /> District Forum-Raichur.<br /> <br /> Sd/- <br /> Smt.Pratibha Rani Hiremath, <br /> Member. <br /> District Forum-Raichur.<br />