ORDER

29.10.2024

1. By way of this order we are deciding the admissibility of the present complaint.
2. In brief facts of the complaint are that the complainant is the owner of car bearing no. CH01 BJ 5000 duly insured with OP Ins. Co. vide policy bearing no. 19.08.2021 to 18.08.2022. On 30.06.2022 at 10:30 AM the vehicle in question met with an accident. The intimation of the same was given to the Police Station Rajpur, Dehradun and OP Ins. Co. The OP Ins. Co. after receiving the intimation appoint the surveyor to inspect the vehicle and assess the loss and finally vide letter dated 19.09.2022 repudiated the claim of the complainant. Being aggrieved by the repudiation, complainant filed the complaint case bearing no. 776/2022 with this commission. However, vide order dated 18.12.2023 on the application and request of complainant counsel the complaint case bearing no. 776/2022 stands disposed off as withdrawn with liberty to approach appropriate court/commission as per law.
3. The complainant  thereafter approached Hon’ble State Commission and preferred an appeal against order dated 18.12.2023 of this Commission vide F.A No. 358/2024. The Hon’ble State Commission vide its order dated 03.07.2024 dismissed the appeal  being filed beyond statutory period.
4. The complainant again filed the present petition challenging the repudiation letter dated 19.09.2022 along with an application for condonation of delay in filing the second petition.
5. The present complaint case is on admission stage. We have heard complainant in person and have perused the record.
6. Along with the present complaint, complainant has filed the delay condonation application for condonation of delay in filing the present complaint. It is stated in the application that vide order dated 18.12.2023 this Commission accept the prayer of the complainant and allowed the withdrawl application with liberty to file before appropriate court/ commission. It is further submitted that while drafting the present complaint to be file before Hon’ble State Commission, complainant counsel come across the judgment of Hon’ble NCDRC titled as “ Pyari Devi vs. National Ins. Com. Ltd.” and came to know that her complaint was maintainable before District Commission and not before State Commission. In order to get withdrawn complaint restored to its original position complainant approached Hon’ble State Commission and preferred an appeal but the said appeal was dismissed by Hon’ble State Commission and as such the complainant approached this Commission for redressal of his grievance. It is further stated that the present fresh complaint has been filed on 28.08.2024 i.e. within 1 months and 25 days  from the date of the order of Hon’ble State Commission. The delay cause as the documents relating to the present matter filed before Hon’ble State Commission and it took some time to retrieve the same.
7. It is further requested that the delay cause is neither intentional nor deliberate, hence, the delay be condoned and present complaint case be admitted in the interest of justice.
8. At the outset, it is pertinent to mention that complainant earlier filed the complaint on the same facts and cause of action having CC No. 776/2022. As per record on 18.11.2023 vide diary no. 5598 counsel for complainant filed an application for withdrawal of the present complaint. This Commission allowed the application and complaint was withdrawn with liberty to approach before appropriate court/commission as per law. We have gone through the order of Hon’ble State Commission dated 03.07.2024. The complainant instead of filing a complaint after withdrawal from this Commission assailed  the order dated 18.12.2023 before Hon’ble State Commission. However, the appeal preferred by complainant was dismissed being barred by limitation. As per Principle of Law the order of this Commission merges with the order of Hon’ble State Commission and attain finality. The cause of action in the original complaint CC No. 776/2022 set at rest vide order of Hon’ble State Commission dated 03.07.2024.
9. In view of the above discussion, we are of the considered opinion that now a fresh complaint on the same cause of action and facts is not maintainable before this Commission as complainant instead of filing a fresh complaint took the legal course of challenging the order dated 18.12.2023 therefore, the liberty granted by this Commission also stand waived  by the conduct of complainant by filing appeal before Hon’ble State Commission.
10. On the basis of above observation and discussion, the present complaint is not maintainable, therefore, dismissed. File be consigned to record room.
11. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  29.10.2024.

SANJAY KUMAR                                          RAJESH

PRESIDENT                                                     MEMBER