Today is fixed for admission hearing of this complaint. The Ld. Counsel for the Complainant is present who has advanced the argument on the point of admissibility of this complaint.

On careful perusal of the complaint it is seen by us that in the paragraph no. 28 of the petition of complaint it is stated by the complainant that the complainant came to know on 01.02.2019 from the Op through its electronic mail to the extent that the Op was ready to make payment of Rs. 97,347/- instead of Rs. 1,18,647.96/- and further cause of action arose on 11.02.2019 when the Ops declined to make payment of the balance amount of Rs. 21,300.96/-. As per settled Law from the date of issuance of the letter by the insurance company either repudiating the claim or allowing/partly allowed, whatever it may be from the date of receipt of the said letter within 2 years complaint shall be filed, if the complainant is not satisfied with the repudiation/partly allowed claim, but in the case is hand from the date of electronic mail dt. 01.02.2019 this complaint is not filed within 2 years from the said date and/or from the date of 11.02.2019 within the limitation period this complaint has not been filed.

For this reason, the complainant is directed for abundant precautionary measure the complainant is directed to submit a separate petition on affidavit praying for condonation of delay assigning the reason as to what promted him not to file this complaint within 2 years from the date of cause of action.

The complainant also files an application praying for withdrawal of this complaint with a liberty to file afresh.

Allowing the said application we are of the view that  CC /240/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court/Commission for redressal of his grievance after removing the defects and annexing a separate application on affidavit praying for condonation of delay, if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let a plain copy be given to the Complainant free of cost as per the CPR.   

  Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
               MEMBER