The judgment established the importance of considering 'sufficient cause' for delay in filing a complaint under Section 18-A of the Jammu and Kashmir Consumer Protection Act.

1. The Civil 1st. Appeal, in hand, is directed against the order dated 14th July 2009 of Jammu and ashmir State Consumer Disputes Redressal Commission, in Complaint No. 18 of 2001 titled Ghulam Nabi Shah v. Oriental Insurance Company and others, whereby the Commission has directed Oriental Insurance Company Limited-appellant herein, to pay art amount of Rs. 3,55739/- along-with interest of 18% per anum from the date of loss till final payment along-with litigation expenses ofRs. 10,000/-.

2. The appeal arises in the following factual background;

The respondent in the year 1994 insured his house situated at Nazuk Mohalla, Anantnag, and the house hold goods with the appellant Insurance Company vide Insurance Policy No. 11/05/00542, valid with effect from 12th July 1994 to 11th July 1995 for an amount of Rs. 4.50 lacs. The insured house and the household goods gutted down in a fire mishap during the intervening night of 12/13 December 1994. The occurrence prompted Police Station Anantnag to register case-FIR No. 388 of 1994 under Section 435 RPC. The respondent, immediately after the occurrence, informed the appellant Insurance Company about the loss. On receipt of report, the Surveyor was deputed for spot inspection. The respondent took all neces­sary steps to enable the Insurance Company to settle his claim. The appel­lant Insurance Company however, avoided to settle the claim leaving no option for the respondent, but to approach Jammu and Kashmir State Consumer Disputes Redressal Commission (hereafter "Commission") Srinagar with a complaint alleging deficiency in service, on part of the appellant Insurance Company. The respondent laid claim to an amount of Rs. 4.50 lacs on account of loss suffered along-with interest at the rate of 18% per anum from the date of fire incident i.e. 13th December 1994 till its payment.

3. The complaint was resisted by the appellant Insurance Company on the grounds that the complaint was belated and filed beyond period of two years prescribed under Jammu and Kashmir Consumer Protection Act (hereinafter "the Act"). It was insisted that the respondent failed to explain and justify delay in approaching the Commission. The appellant Insurance Company next contended, that the respondent lacked cause of action to file the complaint in as much as intimation of loss was neither received by the appellant Insurance Company nor the subject claim registered in its office. The appellant Insurance Company denied all the factual averments made in the complaint and in its para-wise reply reiterated its stand that while loss was said to have occurred to the insured building in the year 1994, the respondent slept over the matter for next seven years and approached the Commission only in the year 2001, and that on this count alone the complaint was liable to be dismissed.

4. The Commission on going through the complaint, the written version as also the evidence brought on the file, held the respondent to have proved his case by convincing evidence and found no substance in the case set up by the appellant Insurance Company in opposition to the complaint. The Commission accordingly proceeded to accept the complaint and directed the appellant Insurance Company to reimburse the respondent loss suffered by him on account of damage to the building and house hold articles assessed at Rs. 3,55739/.

5. The order of the Commission impugned in the appeal is questioned on the following grounds:-

I. That the Commission has not correctly decided the question of limitation as the respondent though having filed complaint after a gap of seven years did not come up with any explanation as regards delay in filling the complaint and the Commission in absence of any explanation on behalf of the respondent ought to have dismissed the complaint as time barred.

II. That the appellant Insurance Company deputed M/S. S.H.Kannan & Company for survey and estimate of loss and M/S. Jehlum Investigating Private Service limited, for conduc