As per Hon’ble Member Shri  Avinash V. Prabhune.

Heard learned counsels for both parties & perused application/reply.

1     The complainant had filed present complaint under Section 12 of the Consumer Protection Act against O.P. for rejecting & closing Truck theft Insurance claim No 140000/31/14C/048798. The complainant had also filed application for Condonation of delay on dtd 11.07.2018 along with Compliant.

2     The complainant submitted that his Truck No CG-04-G-4971 was insured with O.P. for the period from 07.01.2013 to 06.01.2014. The said truck was stolen on 02.01.2014 by unknown person. Complainant sent intimation on 04.01.2014 to O.P. & subsequently submitted Claim along with all relevant documents. The complainant visited many times to O.P. but insurance claim was not sanctioned. Complainant waited for 3-4 years & sent legal notice to O.P. but O.P. had not replied to legal notice. Complainant had prayed to condone delay of 4 years & 4 months caused in filing Consumer complaint.

3     The O.P. filed detailed reply to application & submitted that intimation of theft was belatedly given after 1 month period by the Complainant. Complainant submitted claim on 03.02.2014, thereafter, O.P. issued letter dtd. 07.02.2014 by RPAD to Complainant & informed to submit enlisted documents & clarification for delay in intimation of claim. Complainant failed to submit required documents & did not send any reply to said letter. O.P. sent reminder letter dtd. 03.04.2014 by RPAD asking to submit required information & documents. Finally, O.P. sent another letter dtd. 17.06.2014 by RPAD to Complainant asking to furnish required information & documents within 10 days but Complainant failed to comply with the same. The claim file of Complainant was closed due to non compliance & non submission of documents by Complainant, which was communicated vide closure letter dtd. 15.07.2014 sent through RPAD & it was duly served upon Applicant in July, 2014. Complainant had intentionally concealed those facts while filing the application seeking condonation of delay. O.P. further submitted that Complainant never approached O.P. nor submitted any documents till date. O.P. submitted that Complainant had admitted that he had sent notice dtd. 02.05.2018 after submission of claim form in Feb. 2014.

4     It is matter of records that Truck No CG-04-G-4971 was insured with O.P. for the period from 07.01.2013 to 06.01.2014. The said truck was stolen on 02.01.2014 by unknown person.  O.P. had issued letters dtd. 07.02.2014, 03.04.2014, 17.06.2014 by RPAD to Complainant & informed to submit enlisted documents & clarification for delay in intimation of claim. O.P. had finally closed claim & informed Complainant accordingly vide letter dtd. 15.07.2014. O.P. had placed above letter on records. Moreover, Complainant had also not denied receipts of the said letters. In fact, as per Section 24A of the Consumer Protection Act 1986, the complainant was under legal obligation to file Consumer complaint within 2 years from the closure of claim i.e. upto July, 2016. Complainant had filed present Complaint on dtd. 11.07.2018. i.e. after about 1452 days from closure of claim on dtd. 15.07.2014.

5     Complainant had not given any satisfactory explanation for the above delay & waiting for more than 4 years period before initiating legal action. Moreover, Complainant had not placed details of any follow up with OP during 4 years period. Hon Supreme court & Hon NCDRC has consistently held in catena of judgments that condonation of delay applications should not be allowed routinely unless sufficient cause for the delay is explained to the satisfaction of the fora, considering the special provisions & limitations given in the Consumer Protection Act, 1986 for expeditious disposal of the Consumer complaints/Appeals. Moreover, the rights of the other parties also cannot be ignored lightly & those cannot be punished by entertaining hugely delayed condonation applications of casual, negligent applicants.

6     In the instant case, Complainant had not filed any document on records to demonstrate complainant’s efforts in filing Consumer complaint within 2 years limitation period. i.e. from July, 2014 to July, 2016. Complainant was not diligent about pursuing his matter in time bound manner. The reasons given by the complainant in the said application regarding delay in filing the complaint are neither satisfactory & nor sufficient to condone delay. .

7    The complaint is barred by limitation by about 720+ days of delay and no proper explanation has been given in the application filed by the complainant under Section 24-A of the Consumer Protection Act, 1986. Thus, on the facts of the case, the complaint filed by the complainant is hopelessly barred by limitation.

8    The present application filed by the complainant under Section 24A of the Consumer Protection Act, 1986 for condonation of delay in filing the complaint, is hereby rejected. Consequently, the complaint also stands dismissed. No orders as to Costs.

                                                              ORDER

1) Application for Condonation of Delay is rejected. Consequently, the Consumer complaint also stands dismissed.

2)    No orders as to Costs