(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) Adv.Meena Kshirsagar is present for the appellant. Adv.Kalpana Trivedi files her vakalatnama for the respondent. It is taken on record.
(2) This appeal takes an exception to an order dated 22/06/2012 in Consumer Complaint No.95/2009, Aries Pharmaceuticals Vs. The New India Assurance Co.Ltd., passed by South Mumbai District Consumer Disputes Redressal Forum at Mumbai (‘Forum’ in short). The consumer complaint stood dismissed on the ground of limitation and aggrieved thereby, the complainant preferred this appeal.
(3) Heard both the parties. The factual position which is not in dispute is that the premises of the appellant/complainant (hereinafter referred to as “complainant”) were insured with the respondent, The New India Assurance Co.Ltd. (hereinafter referred to as “insurance company”) and fire broke out at the said premises on 16/12/2001 for which an insurance claim was lodged. Said insurance claim was partly repudiated vide letter dated 02/09/2004 but simultaneously offering settlement of the claim offering a particular amount and to which the complainant did not agree. Ultimately, in the year 2008, more precisely on 13/07/2008, the complainant wrote to the insurance company showing his willingness to accept the amount (of settlement), supra, under protest to which the insurance company did not give reply and therefore ultimately on 13/03/2009, the consumer complaint was filed. The forum finding that cause of action arose on 16/12/2001 and the date of repudiation was 02/09/2004 and since the consumer complaint was not accompanied with the delay condonation application, it cannot be entertained as time barred and dismissed the same. We find no reason to take a different view than what is taken by the District Forum. Since the complaint was admittedly time barred, it may not be entertained without any application for delay condonation as observed by the Apex Court in the matter, Kandimalla Raghavaiah & Co. Vs. National Insurance Co.Ltd. & Anr., IV (2009) CPJ 75 (SC). Under the circumstances, finding the appeal is devoid of any substance, we pass the following order:-
ORDER
(1) Appeal is not admitted and stands disposed off accordingly.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 20th March, 2013.
