ORDER

06.03.2024

SH. RAJESH, MEMBER

1. Vide this order we will be deciding the application for impleading of legal representatives of deceased complainant preferred by LRs of complainant.
2. A complaint was preferred by deceased complainant seeking direction to OP to pay a sum of Rs. 2,37,260/- to complainants on account of unjustifiably repudiation of her insurance claim  along with interest, cost and compensation.
3. The LRs of deceased complainant preferred an application on 10.04.2023 for substituting LRs of deceased complainant to the present complaint.
4. It is stated that on 01.09.2016 the complainant died. It is further stated that deceased complainant is survived by her husband Mr. Darshan Kumar and three daughters namely Preeti, Monu Tuli and Sunita Bajaj. Present application is supported with death certificate of deceased complainant and NOC of three daughters. It is prayed that husband of deceased complainant should be added as parties in place of the deceased complainant.     
5. We have perused the contentions raised in the application and heard the complainant.
6. Section 38 (12) of the C.P. Act, 2019 provides that in the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.
7. According to the Limitation Act of 1877, an application to implead the legal representative of a deceased person must be filed within 90 days of the deceased's death. If the application is not filed within the required time, the suit against the deceased will be abate.
8. From the bare perusal of the facts narrated in the application and supported documents i.e. death certificate of deceased complainant produced by the LRs of deceased complainant it is apparent that complainant died on 01.09.2016 whereas application for substituting LRs should have been filed on or before 30.11.2016, however, same been actually filed on 10.04.2023 with a delay of six years four months and eleven days. No application for condonation of delay has been preferred with the present application explaining this huge delay. 
9. Now applying the above discussed provisions of law and Principles laid down in the present case. As per admitted facts by the LRs of complainant the complainant died on 01.09.2016. The present application has been filed on 30.04.2023. However present complaint should have been filed on or before 30.11.2016 i.e. within a period of three months from the date of death of deceased person i.e. 01.09.2016 with a delay of with a delay of six years four months and eleven days. No application for condonation of delay has been preferred with the present application explaining this huge delay. In our considered opinion present application is hopelessly time barred therefore the application filed by the LRs of complainant is dismissed being barred by limitation consequently the present complaint stands dismissed as abated on the death of complainant.
10. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission  on 06.03.2024.

(SANJAY KUMAR )           (NIPUR CHANDNA)                 (RAJESH)

  PRESIDENT                             MEMBER                         MEMBER