A consumer complaint must be filed within two years of the cause of action, specifically the date of claim repudiation; prolonged correspondence does not extend this period, and any delay requires a formal application for condonation.

JUDGMENT

1. The present Appeal has been filed by the Appellant against the impugned order dated 13.02.2024, passed by the District Commission-V in Review Application No. 04 of 2024 filed in Consumer Complaint No. 487/2023, whereby the District Commission has dismissed the Review Application in the following terms:

“1. An application filed by complainant u/s 40, of the Consumer Protection Act, 2019 for seeking review of order dated 29.11.2023. It is stated by the applicant / complainant that for arriving the conclusion that the complaint is barred by limitation, this Commission has erroneously took into consideration a fact that the cause of action for filing the complaint arose on 02.12.2020 and thereafter the final cause of action for filing the same arose vide repudiation dated 19.07.2021. This is error apparent on the face of it because in the complaint dated 10.07.2023 in Para 5 relating to cause of action it is stated that the cause of action arose when OP issued show cause notice dated 22.06.2021 to which the complainant replied on 19.07.2021 and thereafter on 30.08.2021 when OP repudiated the claim and further on 18.08.2021 when the complainant issued legal notice which was not replied by OP. It is stated that complaint was preferred before this Hon'ble Commission well within time as the cause of action for filing the petition. arose on 30.08.2021 which has not been considered by the Hon'ble Commission. It is stated that complaint was filed well within the time.

2. We have heard Sh. Abhinav Bansal Ld. counsel for applicant /

complainant and perused the record.

3. That it is necessary to take a note of section 40 of the Consumer Protection Act, 2019.

Section 40: Review by District Commission in certain cases:-

"The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order".

The Consumer Protection Act, 2019 laid down the procedure before the District Commission from section 34 to 39. As per section 38 (9) (a to f) provides powers same as vested in a Civil Court under the code of civil procedure, 1908 while trying a suit in respect of the falling matters namely:-

(a)The summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(b)Requiring the discovery and production of any document or other material object as evidence;

(c)Receiving of evidence on affidavits;

(d)The requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

(e)Issuing of commissions for the examination of any witness, or document; and (f)Any other matter which may be prescribed by the Central Government.

4. At the outset it is necessary to consider submission of the complainant with regard to date when cause of action arose. It is stated by the complainant that the observation of this Commission that cause of action for filing the present complaint arose vide repudiation dated 19.07.2021 is erroneous same is apparent on the face of record because in the complaint which is dated 10.07.2023 in Para 5 relating to cause of action it is stated that the cause of action arose when OP issued show cause notice dated 22.06.2021 to which the complainant replied on 19.07.2021 and thereafter on 30.08.2021 when OP repudiated the claim and further on 18.08.2021 when the complainant issued legal notice which was not replied by OP.

5. Perusal of the record shows that insurance claim of the complainant was first repudiated by OP vide