Vadri v/s The New India Assurance Co. Ltd. & Ors.

10.02.2023                                                            CC/397/22

1. Vide this application complainant prays for condonation of delay in filing the present complaint.

2. The complainant states in his application that he took a loan of Rs.1,08,000/- from OP-2 to purchase his E-Rickshaw on 11.06.2018 along with an insurance vide Policy No.31610331180100001676.

3. The complainant’s E- Rickshaw was snatched after he was given a sedative on 25.06.2018 towards which the complainant lodged an FIR in Police Station Dabri on 08.07.2018 as he was hospitalized on 26.06.2018 due to being given the sedative, as stated by him in his application.

4. The complainant states that OP-2 informed OP-1 & submitted all documents to OP-2 to process the insurance claim of the complainant asking them to ensure that the cheque is issued in favor of OP-2 vide letter dated 11.08.2018 but OP-1 did not take any action nor did OP-1 process the complainant’s insurance claim to date.

5. Thereafter the guarantor of the complainant was summoned in a case filed by OP-2. It was then that the complainant came to know that OP-1 claimed not to have received any information regarding the complainant’s claim as a response to the complainant’s letter dated 27.04.2022 via speed post as alleged by him.

6. Despite follow up neither OP-1 nor OP-2 took any concrete steps to resolve the complainant’s claim and hence the instant complaint.

7. We have heard Counsel H. S. Mehra for the complainant in the present complaint and find that the complainant had registered this complaint on 07.10.2022, however the file went missing. As the office was unable to locate the missing file we felt it prudent to direct the complainant to reconstruct the file and proceed with oral arguments on admission after direction the office to locate the original file.

8. We have carefully perused the facts as given in the application filed by the complainant to condone the delay.

9. The instant complaint was registered in the Commission on 07.10.2022 as per the Fresh Filing Register maintained in the Commission. The complainant has annexed the letter dated 11.08.2018 sent by OP-2 to OP-1 apprising OP-1 that the E-Rickshaw financed by them (OP-2) has been stolen & FIR of the same also lodged informing OP-1 that the said E- Rickshaw has not been repossessed by OP-2.

10. OP-2 further requests OP-1 to proceed with the complainant’s insurance claim ensuring that the cheque is issued in favor of OP-2 as the Complainant’s Loan Account is not yet settled. The complainant has annexed this letter dated 11.08.2018 on page no.26 of his complaint. He has not filed any document to show that he enquired about his claim from OP-1 himself or through OP-2 thereafter until Ld. Counsel of the complainant sent a letter to OP-1 Branch Manager on 04.07.2022 asking about the claim filed through OP-2 vide their letter dated 11.08.2018. This clearly shows that the complainant had the knowledge that his claim was pending at least on 11.08.2018 after which he asked about its status only in 2022 for reasons best known to him.

11. Section 69 of the Consumer Protection Act, 2019 clarifies the limitation to file a Consumer Complaint as below:-

Section 69. Limitation period

(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.

12. Since, the complainant was aware about his claim on 11.08.2018 when OP-2 sent the letter to OP-1 asking them to process his claim, the limitation in the present complaint accrued on 11.08.2018 and expired on 10.08.2020. The limitation further got extended in light of the Suo-Moto extension granted by the Hon'ble Supreme Court in the Suo Moto Writ Petition (Civil) No.3/2020 order dated 14.07.2021 in RE: "Cognizance for Extension of Limitation" limitation period from 15.03.2020 till May, 2022.

13. However the complainant presented before us to file the instant complaint only on 07.10.2022 which is after a delay of approx. 4½ months. Nowhere in his application has he given the reason for the delay he seeks to be condoned by this Commission nor has he mentioned the number of days he wishes to be condoned. He was simply stated that the delay was procedural and not intentional & hence should be condoned.

14. This very act callours and casualof the complainant and his Ld. Counsel is sufficient to dismiss this application for want of any cogent proof or which the complainant seeks to be valid reason for the condoned of delay in filing the complaint.

15. Therefore, the present application is dismissed without cost & consequently the complaint is also dismissed in toto for being time barred with the liberty to file the same in the Competent Forum.

Copy of the order be given as dasti.

File be consigned to record room thereafter.