Order No.02Dated:12.12.2019

Todays is fixed for admission hearing.

            Ld. Advocate for the complainant is present.

            The case is taken up for admission hearing. Heard theLd.Advocate for the complainant. Perused the petition of complaint coupled with its annexure thereto. Considered.

Fact remains that the complainant obtained a Mediclaim Policy from OP-1 and was admitted to Micro Lap Nursing Home with acute pain in his left lower abdomen. The OP-1 rejected the cashless benefit of the complainantvide letter dated 29.06.2017 though the petition of complaint is filed on 25.11.2019. Now, the issue as to whether the complaint is barred by limitation.

In Haryana Urban Development Authority-Vs.-B.K.Sood, MANU/SC/1683/2005 IV (2005) CPJ 1 (SC) the Hon’ble Supreme Court, referring to the provisions of Section 24A of the Consumer Protection Act,1986, inter alia observed as under:-

“11. The Section debars any Fora set up under the Act, admitting a complaint unless the complaint is filed within two years from the date of which the cause of action has arisen.”

In State Bank of India Vs. B.S. Agricultural Industries  MANU/SC/0420/2009:  I (2009) CPJ 29 (SC), the Hon’ble Supreme Court, considering the provisions of Section 24-A of the Consumer Protection Act, 1986, inter-alia observed and held as under:      

“8. It would be seen from the aforesaid provision that it is peremptory in nature and requires Consumer Forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action.  The Consumer Forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown.  The expression ‘shall not admit a complaint’ occurring in Section 24A is sort of a legislative command to be Consumer Forum to examine on its own whether the complaint has been filed within limitation period prescribed thereunder.  As a matter of law, the Consumer Forum must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing.  In other words, it is the duty of Consumer Forum to take notice of Section 24A and give effect to it.  If the complaint is barred by time and yet, the Consumer Forum decides the complaint on merits, the Forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside.”

The cause of action, which accrued to the complainant before this Forum cannot be said to be a continuing cause of action and when he had come to know that the OP-1 regret to allow the cashless facility against Mediclaim Policy. Therefore, it is not correct to say that the complaint has been filed within two years from the date of regret letter dated 29.06.2017. Thus, the consumer complaint is barred by limitation u/section 24A of the C.P. Act, 1986. There is no prayer for condonation of delay in filing the complaint.

            In view of the above discussion, the complaint is barred by the limitation u/section 24A of the Consumer Protection Act, 1986 and not admitted.

Hence,

ORDERED

That the complaint is not admitted and also dismissed in limini on the ground of limitation.

In view of the above aspect, the Miscellaneous Application dated 25.11.2019 is not maintainable and is rejected.

Thus, MA being No. 627/2019 is disposed of.