IMPORTANT POINT
Application for condonation of delay cannot be allowed as a matter of course.

D.K. Jain, Presiding Member—This First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) is directed againstORDERs dated 23.08.2011 and 01.03.2012 passed by the State Consumer Disputes Redressal Commission, New Delhi (for short “the State Commission”) in the Complaint filed by the Appellant. By the firstORDER, the application filed by the Appellant for condonation of delay of over one year in filing the complaint (C-228/10) had been dismissed for non-prosecution and consequently, the complaint was also dismissed as barred by limitation. By the latterORDER, the application for restoration of the complaint has also been dismissed in default and also on the ground that the State Commission does not have jurisdiction to entertain such an Application.

2. In short, the grievance of the Appellant in the complaint was that his claim, preferred on 10.04.2007, for reimbursement of a sum of Rs.82,771.87, expended by him on his treatment for cerebro vascular attack, in Max Super Specialty Hospital, Opposite Party No. 1 in the complaint, had been illegally repudiated on 13.09.2007 by Royal Sundram Alliance Insurance Company, Opposite Party No. 2, under Medical Claim Health Policy, for which he had paid a sum of Rs.6,989/- as premium. The claim was repudiated on the ground that at the time of taking policy, the Appellant had not revealed that he was a known case of Hypertension and Diabetes since the last 10-15 years. Alleging deficiency in service on the part of both the Opposite Parties, respectively Respondents No. 1 & 2 in the Appeal, the Appellant prayed for compensation amounting to Rs.42,02,771.87 towards the expenses incurred on treatment (Rs.82,771.87 [actual as per bill] + Rs.5,65,000; Rs.35,00,000/- for mental and physical pain and Rs.55,000/- as legal and other expenses. Since the complaint was filed on 17.02.2011, after a lapse of over 3 years of the repudiation of the claim by the Insurance Company on 13.07.2007, an application seeking condonation of delay in filing the complaint was filed along with the complaint.

3.As noted above, the application as well as the complaint having been dismissed by the State Commission as also the application for restoration of the complaint, the Appellant has preferred this Appeal along with an application for condonation of delay of 62 days in filing the Appeal.

4. The Appellant himself argued his case. The Respondents were represented by their counsel. The question for consideration is whether the State Commission has committed any illegality in dismissing the Complaint for non-prosecution?

5.Having perused the application filed by the Appellant for condonation of delay of over one year in filing the complaint, we feel that since we ourselves are not convinced that the Appellant was prevented by a “sufficient cause” in not filing the complaint, within the period of limitation, remission of the case to the State Commission for fresh consideration of application for condonation of delay would be an exercise in futility.

6. The explanation furnished in the application, praying for condonation of delay of over one year, was as under :-

“2. That the complainant could not file the present complaint within the stipulated period of two years as he had suffered paralytic attack, due to which his right side of the body was not functioning properly. The complainant was suffering from many other diseases also like diabetes, hyper-tension, arthritis apart from his old age. Due to this reason the complainant was not able to move and the file the complaint.

3. That the delay in filing the present complaint was neither willful nor deliberate but was because of the above said reason.”

7. Section 24A of the Act prescribes the limitation period for admission of complaint by the Consumer Fora. It reads as follows:-

“24A. Limitation period. - (l) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two year