This order is arising out of the petition filed by the Complainant praying for condonation of delay in filing this complaint. The petition of complaint is accompanied with a separate petition for condonation of delay.

In the petition for condonation of delay it is mentioned by the Complainant that she being an aged widow has been struggling a lot to take care of her family and further being not aware of the legal procedure at all has failed to file the complaint within the stipulated time frame. Being an aged homemaker all on a sudden she had to face all professional and social issues and burdens after the sad and sudden demise of her husband. The legal advisor of the Complainant, who used to look after the family and professional affairs of the Complainant, has failed to understand the gravity of the instant matter concerning the limitation of the time. The Complainant has mentioned that she visited the office of the OPs on several times, but the OPs have rejected the genuine claim and took a prolonged period for such rejection. So the OPs have delayed to resolve the crisis of the Complainant. When the Complainant served legal notice upon the OPs, they have started to delay to reply the same and took time for about eight months. According to the Complainant she could not file the instant complaint within the stipulated period of limitation and moreover due to pandemic situation she could not approach before this Ld. Commission and in this regard she has no laches. The Complainant has prayed for allowing the petition for condonation of delay and to admit the complaint. According to the Complainant if this application is not allowed, she will suffer irreparable loss and injury.

It is seen by us that the OPs have repudiated the insurance claim on 06.09.2017 by issuing the Claim Repudiation Letter. This complaint was required to be filed within two years from the date of repudiation of the insurance claim by the Insurance Company in view of the Section 69 of the Consumer Protection Act, 2019.  So this complaint was required to be filed within 05.09.2019, which lies within the statutory period of limitation from the date of cause of action. On 06.09.2017 the cause of action was started in this complaint. But this complaint is filed by the Complainant on 21.12.2021. Therefore the Complainant is under the obligation to assign the reasons for delay in preferring this complaint after lapse of about two years and three months.

It is pertinent to mention that Covid-19 has come on and from 15.03.2020. Due to pandemic situation on account of spur of Covid-19 (on several waves) the Hon’ble Supreme Court has been pleased to pass an order that due to pandemic situation the limitation period should be counted on and from 15.03.2020 to 27.05.2020. Having regard to the said order passed by the Hon’ble Supreme Court the Complainant is not liable to assign reason for delay in filing this complaint for the period from 15.03.2020 to 27.05.2022. Therefore in the petition for condonation of delay explanation is required for the period from 06.09.2019 to 14.03.2020. But in the petition no such explanation is forthcoming from the end of the Complainant. It is mentioned by the Complainant that after repudiation of claim several correspondences was made with the OPs along with legal notice. In this respect we are to say that the subsequent correspondences cannot save the limitation. The date on which the repudiation letter was issued the limitation will run from the said date. There are several judgment the   wherein it has been held that everyday’s delay should be assigned in the petition for condonation of delay. So in absence of any explanation for the said period i.e. 06.09.2019 to 14.03.2020 in the instant petition, hence the petition praying for condonation of delay filed by the Complainant cannot be allowed.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/423/2021 is hereby dismissed without being admitted.

Let plain copy of this order be given to the parties free of cost as per the CPR. 

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER