Order

Sh. Anukul Sharma, learned counsel for the complainants and Sh. M.K. Kohli, learned counsel for the opposite parties are present.

Heard.

This is delay condonation application filed by the complainants to condone the delay in filing the consumer complaint.  Application is supported by an affidavit.  Reasons for cause of delay have been explained in the affidavit.  Learned counsel for the opposite parties has no serious objection to condone the delay in filing the consumer complaint.  We are of the view that the delay is not deliberate or intentional, therefore, the delay in filing the consumer complaint is condoned.

Sh. M.K. Kohli, learned counsel for the opposite parties has moved an application and prayed that the consumer complaint is premature. In the application it is mentioned that the claim lodged by the complainants with the opposite parties has neither been settled nor repudiated by the opposite parties, therefore, no cause of action has arisen in favour of the complainants and furthermore to decide the claim.  The complainants have not completed the required formalities and have not supplied the desired documents to the insurance company and, thus, the claim of the complainants could not be settled by the opposite parties.

This fact is not disclosed by the complainants in the consumer complaint that the claim has yet been settled or repudiated.

In the application, learned counsel for the opposite parties has not mentioned that what formalities have to be completed by the complainants to settle the claim, therefore, we direct the insurance company to intimate the complainants in writing, what formalities have to be completed by the complainants, within a period of 10 days and there after within a period of 30 days the complainants shall complete all the required formalities and there after the opposite parties shall take decision in accordance with law regarding the claim of the complainants’ within a period of two months, after submitting the required documents.

Accordingly, the consumer complaint is dismissed being premature at this stage.