Complainant has filed the present complaint stating that since from 10.09.2020, husband of the complainant namely Vinay Kumar Bansal has taken the Joint Health Insurance policy from Opposite Parties for himself and complainant which was renewed from time to time. Earlier, the complainant availed the policy bearing no.211222/01/2021/002785 for the period 10.09.2020 to 09.09.2021 with sum assured of Rs.10 lakh alongwith bonus and recharge benefit. Unfortunately, complainant suffered with Intra Hypertension Cranial on 01.08.2021 and admitted in Paras Hospital, Gurgaon, Haryana for the period 01.08.2021 to 02.08.2021. After discharge from the hospital, the complainant lodged the claim with Opposite Parties, but the claim of the complainant was declined/repudiated by Opposite Parties, vide rejection letter dated 19.11.2021 on the ground of non-submission of documents. Complainant also sent legal notice dated 21.11.2023, but to no effect.

Complainant alongwith complaint also moved an application for condonation of delay stating that there is a delay of 65 days in filing of the present complaint. Submitted that complainant was under wrong impression that complaint can be filed within three years from the date of receiving of copy of rejection of claim and limitation period starts from 19.11.2021 to 19.11.2024 and in that impression the complainant could not file the case within time and she could not contact with any counsel till 21.11.2023 and when on 21.11.2023 complainant engaged her counsel, then she came to know about the exact period for filing of the complaint and she immediately filed the present complaint after sending the legal notice to Opposite Parties.

For the sake of convenience, Section 69 of The Consumer Protection Act,2019 is reproduced as under:-

69. (1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

As mentioned above in Section 69 (2) for getting the delay in filing the consumer complaint condoned, the complainant was obliged to show sufficient cause for not filing the consumer complaint within the prescribed period of limitation, but in the application, the complainant failed to mention any sufficient cause for not filing the present complainant. Moreover, the ignorance of law is not an excuse. So, in these circumstances, the present complaint is not admitted being not maintainable. Extra sets of the complaint be returned to the complainant alongwith documents. Copy of the order be supplied to the complainant free of costs. File be consigned to record room after compliance.

Announced in Open Commission