West Bengal

Kolkata-I(North)

CC/303/2022

Mr. Santosh Chowdhury - Complainant(s)

Versus

Bajaj Allianz General Insurance Company Limited and 2 others - Opp.Party(s)

Soument Kr. Roy, Samar Banik

09 Dec 2022

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/303/2022
( Date of Filing : 25 Nov 2022 )
 
1. Mr. Santosh Chowdhury
S/o Jugal Kishore Chwdhury, Dharsha Bara Mallick Para, Balitikuri, Jagacha, P.O.-G.I.P. Colony, P.S. - Jagacha, Dist. - Howrah - 711113.
...........Complainant(s)
Versus
1. Bajaj Allianz General Insurance Company Limited and 2 others
Bajaj Allianz House, Airport Road, P.S. - Yerawada, Pune - 411006.
2. Bajaj Allianz General Insurance Co. Ltd.
Represented by its Authorized Signatory, 3rd Floor, Block 3B, Eco Space, Plot No. II/F/II, New Town, P.S. - Rajarhat, Kolkata - 700160.
3. HDFC Bank Ltd.
1st Floor, Gillander House, 8, N. S. Road, P.S. - Hare Street, Kolkata - 700001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 09 Dec 2022
Final Order / Judgement

Order No. 2                       9/12/2022

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused. Considered.

Heard the Ld. Advocate for the complainant.

The case of the complainant is that he purchased a Mahindra Bolero vehicle in the year 2016 for commercial purpose obtaining a car loan to the tune of Rs.4,42,500/- (Rupees Four Lakh Forty Two Thousand and Five Hundred) only from HDFC Bank Limited and insured the vehicle with Bajaj Allianz General Insurance Company Limited having Policy No.OG-18-2401-1803-00008765 (Period:05/10/2017 to 04/10/2018).

On 26/06/2018 the said vehicle found to be lost from the place where it was usually parked. As such, the complainant lodged an FIR against the said theft. The complainant intimated the fact to the opposite party nos. 1,2 and 3 for preliminary relaxation and/or moratorium so far the monthly installments are concerned but it was refused. The opposite party nos.1 and 2 repudiated the claim of the complainant vide letter dated 16/11/2018. Thereafter, several correspondences were made and on 25/04/2022 the complainant served legal notice upon the opposite parties. According to the complainant the opposite parties are liable for deficiency in service and unfair trade practice. The complainant filed this case on the prayer of direction upon the opposite parties to settle the claim with compensation, costs and expenses.

Hence, this case.

The repudiation letter marked P4 document clearly reveals that opposite party nos.1 and 2 repudiated the claim of the complainant on 16/11/2018 and the  instant complaint has been filed by the complainant on 25/11/2022.

It is apparent on the face of the record that the case is barred by limitation.

Hence, it is

                                                                                   O R D E R E D

that the complaint case is dismissed without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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