Meghalaya

Ri Bhoi

MA/1/2022

Shri Moris Lyngdoh - Complainant(s)

Versus

SBI General Insurance Co. Ltd. - Opp.Party(s)

Smti. P. Sarma

27 Jul 2022

ORDER

Misc. Case No. 1 of 2022

Consumer Case No. 3 of 2022

Moris Lyngdoh... ….Applicant -VersusSBI General Insurance Company Ltd…. …. Opposite Party

ORDER

Date: 27.07.2022.

1. An application under Section 69(2) of the Consumer Protection Act, 2019 read with Section 5 of the Limitation Act, 1963, is filed by Shri Moris Lyngdoh, for condonation of delay of one year, one month and sixteen days i.e. 412 days in preferring an application under Section 35 of the Consumer Protection Act, 2019.

2. Heard Smti P. Sharma, learned Counsel for the Applicant. Also heard Shri R. Boruah, learned Counsel for the Opposite Party.

3. Smti P. Sharma, learned Counsel for the Applicant submitted that a Complaint has been filed before the District Commission and there has been a delay of 412 days in filing the said case and the delay was not deliberate but it was due to the COVID-19 pandemic which had affected the normal functioning of the courts for about two years, and in support of her arguments, she cited the decision of the Hon’ble Supreme Court of India in SUO MOTU WRIT PETITION (C) NO. 3 OF 2020, IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION.

4. Learned counsel for the Opposite Party have no vehement objection to the condonation of delay, however, he submitted that there is a 2 an error in calculation of number days and the same is not in consonance with the judgement of the Hon’ble Supreme Court IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION (supra) and the applicant ought to have been accurate in calculation of the number of days sought to be condoned by this commission.

5. We have perused the Petitions, Case record and the documents available in case record. We have also perused the Orders passed by the Hon’ble Supreme Court of India including Order dated 10.01.2022, IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION (supra) wherein the Hon’ble Supreme Court was pleased to issue directions for condonation of delay by all the courts in the country for the period between 15/03/2020 till 28/02/2022. At Paragraph 5 it has been held : Paragraph 5…………………… I……………………………………. II…………………………………… III. “In cases where the limitation would have expired during the period between 15/03/2020 till 28/02/2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 1/03/2022. In the event the actual balance period of limitation remaining with effect from 01/03/2022 is greater than 90 days, the longer period shall apply.” Paragraph 5…………………… I……………………………………. II…………………………………… III. “It is further clarified that the period from 15/03/2020 till 28/02/2022 shall also stand excluded in computing the periods prescribed Sections 23(4) and 29 (A) of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2005 and provisos (b) and (c) of Section 138 of the Negotiable Instrument Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the Court or Tribunal can condone delay) and termination of proceedings.” 

6. On perusal of the record, it appears that the cause of action in the instant case arose on 12.02.2019. The limitation for filing a Complaint under Section 35 of the Consumer Protection Act, 2019 is two years in terms of section 69(2) of the Consumer Protection Act, 2019 and the instant case was filed before the District Commission on 01.04.2022.

7. Consumer Protection Act, 2019 is a social legislation as the Complaint is filed by the aggrieved person claiming for compensation and reliefs and the technicalities of laws shall not be a hindrance in the adjudication of the case on merits. It may also be stated herein that the court was not functioning regularly since 25.03.2020 till February, 2022, due to COVID – 19 pandemic and only extremely urgent matters were taken up during the said period.

8. The delay does not appear to be deliberate as the normal functioning of the court was affected for about two years with effect from March, 2020 to February, 2022, due to Covid-19 pandemic. In view of the facts and circumstances as discussed above and the judgement of the Hon’ble Supreme Court of India IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION (supra), there is sufficient cause for condoning the delay in filing of the Complaint Petition. Accordingly, Petition for condonation of delay is allowed and stands disposed of.