Delhi

New Delhi

CC/608/2015

Shirsart Pramod Peter - Complainant(s)

Versus

Air Medical Services Department - Opp.Party(s)

11 Jan 2018

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

Case No.C.C./608/15                              Dated:

In the matter of:

Shirsat Pramod Peter

Apartment No. 202, Samta Apartments.

Plot No. L-6A, Mahavir Enclave.

New Delhi-110045

                                                                             ……..COMPLAINANT

 

 

VERSUS

 

Air India Medical Service, In Charge;

Airline House, Rakabganj Road,

Connaught Place

New Delhi-110001                                                    .... OPPOSITE PARTY

 

 

MEMBER : NIPUR CHANDNA

ORDER

The gist of the complaint is that the complainant got admitted in the Max Hospital, Saket , New Delhi on 26.06.2011 and the Life Saving Surgery procedure was performed by the treating doctor Mr. Pradeep Chowbey in consultation with Air India Medical Clinic, New Delhi. It is alleged by the complainant that he was assured by OP that being an emergency, the Medical Expenditure in the process shall be reimbursed by it, and as such the complainant submitted all the documents relating to the surgery along with the letter of request for claim dt.12.01.2012 to Dr. Rashmi Ahluwalia.

It is further alleged by the complainant that Dr. Rashmi Ahluwalia declined the said claim of the complainant vide her letter dt. 23.01.2012 stating  the fact that the Bariatric Surgery is not reimbursable / permissible under the Air India Employees Benefit Scheme.  Being aggrieved by the decline letter dt. 23.01.2012, he made a request to Director of Air India Medical Service Department and filed an appeal before it on 19.02.2013, but the same was also dismissed by OP, and as such he again preferred an appeal by way of letter dt. 25.04.2014 for reconsideration of his claim, but all in vain. Complainant therefore approached  this  forum for the redressal of his grievance.

Notice of complaint was sent to the OP through speed post. Track record of the Indian Post office placed on record by the office shows that the notice was delivered to OP on 29.01.2016, since none appeared on behalf of OP  after service of notice, it was ordered to be proceeded with ex-parte on 09.03.2016.  

          Complainant filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint.

          We have heard the arguments advanced at the bar and have perused the record. Persual of the record shows that the present complaint was filed on 1.10.2015 and cause of action accrued on 23.01.2012,i.e the date of repudiation of the claim by OP.

 As per section 24(A) of Consumer Protection Act, 1986 : -

1. The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission or the District Forum, as the case may be records its reason form condoning such delay.

On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

It is argued on behalf of complainant that against the letter dt. 23.12.2012, he preferred an appeal dt. 19.02.2013 before Director of Air India Medical Services Department, but the same was also dismissed supporting the earlier letter of Dr. Rashmi Ahluwalia , and as such he again preferred an appeal by way of letter dt. 25.04.2014 for reconsideration of claim, hence the cause of action still survives, and the complaint is within limitation.

In Punjab State Warehousing Corporation Vs. United Insurance Company Ltd. 2015 STPL 10116 NCDRC – In that case also the extension of limitation sought on the ground of exchange of various correspondence between the parties, in that case also the cause of action initially arose on 30.08.1991 when the matter was brought to the notice of insurance company regarding the loss caused by its employees as the complainant in that case has obtained the Fidelity Guaranteed Policy from the insurance company and it finally arose in January 2003  when claim of the policy was treated as no claim. Thereafter a number of correspondence took place between the complainant and the insurance company from the year 2007 and 2010. It was held that this subsequent correspondence by no means extend the period of limitation. In that case the Hon’ble Commission referred to its earlier judgment in the case of Kandimalla Raghavaiah and Co. (Supra)

     For all the practical purposes the cause of action for filing the present complaint arose on 23.12.2012, whereas the present complaint was filed in the year 2015, the complaint is barred by limitation.

In view of the above discussion the complaint is dismissed. Keeping in view peculiar facts and circumstances of the case, the parties are left to bear their own cost of litigation. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

File be consigned to the record room.

   Pronounced in open Forum on   11-01-2018                                 .

 

 

                                      (ARUN KUMAR ARYA)

                                    PRESIDENT

 

 

                                (NIPUR CHANDNA)                                           (H M VYAS)

                                          MEMBER                                                     MEMBER