ORDER

This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 27.09.2018 of the State Commission in complaint no. 52 of 2012.

2. The instant First Appeal has been filed with reported delay of 300 days.

However, in the interest of justice, inter alia having regard to the reasons contained in the applications for condonation of delay and in order to decide the matters on merit rather than to dismiss it on the threshold of limitation, the delay in filing the appeal is condoned.

3. The complaint relates to the repudiation of the insurance claim. The policy was valid at the point when the occurrence took place. Aggrieved by the same, a complaint was filed by the complainant co. in the State Commission but the same has been dismissed as not maintainable for the reason that in the opinion of the fora below the complainant co. being a commercial entity involved in doing business is not a ‘consumer’. The relevant extract of the impugned Order dated 27.09.2018 of the State Commission may be quoted herein below:

7. Point No.1:- It is contended by the opposite parties that the complainant is not a consumer as defined in section 2(1) of