IMPORTANT POINT
Consumer Forum will have no option but to dismiss the complaint if no application for condonation of delay is filed.

ORDER

Prem Narain, Presiding Member—This present appeal has been filed against the order dated 16.07.2019 of the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (‘the State Commission’) in CC No. 30 of 2018.

2. The brief facts of the case are that the appellant had taken a policy of Directors and Officers Liability Insurance Policy bearing policy no. 220100/36/07/82/00000007 on 23.05.2007 and had preferred an insurance claim under the policy which was repudiated on 12.06.2013. The complainant filed a review of the decision of the repudiation and finally a legal opinion was taken by the insurance company and the repudiation letter was upheld and a communication was sent to the appellant on 10.08.2016.

3. Aggrieved by the repudiation and the final rejection of the representation, the complainant filed a Consumer Complaint no.30 of 2018 before the State Commission. The State Commission after hearing the learned counsel for the complainant dismissed complaint basically on the ground of limitation, as the complaint has been filed after two years from the date of repudiation.

4. Hence, the present appeal.

5. Heard the learned counsel for the appellant who stated that after the claim was repudiated by the insurance company vide letter dated 12.06.2013, the complainant company submitted a representation before the insurance company for reconsidering the matter. The insurance company took legal advice on the representation of the complainant. However, the insurance company again confirmed the repudiation vide letter dated 10.08.2016. Learned counsel argued that the final decision of the insurance company rejecting the claim came only on 10.08.2016 therefore, the limitation should be counted from this date.

6. Learned counsel has further mentioned that the cause of action is to be related to bundle of facts which lead to filing of the complaint. In this regard, learned counsel for the appellant has relied upon the judgment of the Hon’ble Supreme Court in the case of Transport Corporation of India Ltd., vs Veljan Hydrair Ltd., - (2007) 3 Supreme Court Cases 142: (2008) 4 CPR 117 : (2007) 3 Supreme 372, decided on 22.02.2007, wherein the following has been observed:

11. xxxxxxxxxxxxxxxxxxxx The term “cause of action” is of wide import and has different meanings in different contexts, that is when used in the context of territorial jurisdiction or limitation or the accrual of right to sue. It refers to all circumstances or bundle of facts which if proved or admitted entitles the plaintiff (complainant) to the relief prayed for. In the context of limitation with reference to a contract for carriage of goods, the date of cause of action may refer to the date on which the goods are entrusted, date of issue of consignment note, the date stipulated for delivery, the date of delivery, the date of refusal to deliver, the date of intimation of carrier’s request to wait for delivery as the goods are being traced, the date of intimation of loss of goods, or the date of acknowledgement of liability.

7. Learned counsel appearing on behalf of the complainant has mainly argued before the State Commission about the correctness of the claim submitted before the insurance company and has also argued how the claim was payable. No specific arguments were advanced by the learned counsel for the appellant on the point of limitation as the complainant was fully convinced that the complaint was filed within two years from the date of cause of action which actually arose in the year 2016. In support of her arguments, the learned counsel has relied upon the judgment of the Hon’ble Supreme Court in the case of V N Shrikhande (Dr) vs Anita Sena Fernandes (2011) – 1 Supreme Court Case 53 decided on 20.10.2010, wherein the following has been observed :

“15. Section 24A(1) contains a negative legislative mandate against admission of a complaint which has been filed after 2 years from the date of accrual of cause of action. In other words, the consumer