Haryana

Yamunanagar

CC/230/2023

Sunita W/o Ajay Ghandi - Complainant(s)

Versus

Bajaj Allianz Life Insurance Company Ltd. - Opp.Party(s)

Harinder Aneja

14 Jul 2023

ORDER

CC No.230 of 2023

Sunita Vs. Bajaj Allianz

 

Present:       Sh. Harvinder Aneja, Adv. for the complainant.

 

ORDER:-

                  

1.              Heard. Complainant purchased insurance policy Ex.C2 from the opponent, for the period of ten years, on payment of premium, in the sum of Rs.19,940.7/-. As per the policy Ex.C2, the risk commencement date, was with effect from 27.11.2012.

2.             By way of the complaint, in hand, complainant alleged, after obtaining the policy Ex.C2, for payment of next year premium, he contacted to the agent of the opponent, whose behavior was very bad and he told that the terms and conditions of the policy Ex.C2 had been changed and the benefit of the consumer, had been curtailed and on this, complainant asked her to give such undertaking, in writing, but he refused to receive the further premium amount. He, again, visited to the office of the opponent, to receive the premium amount Rs.19,343/-, which initially paid at the time of obtaining the policy Ex.C2, alongwith interest and other charges but the agent of the opponent totally refused to retune the premium amount, such a way, opponent had cheated and defrauded the complainant and grabbed the hard earned money of the complainant. To get his grievance, she sent legal notice dated 5.6.2023 Ex.C3 to the opponent but the opponent failed to redress her grievance, which constrained her to file the complaint against the opponent.

3.         Complainant has not disputed the receipt of policy Ex.C2, in time and as per policy document Ex.C2, at first page, if the complainant was having any grievance, against the policy, which was commenced with effect from 27.11.2012, then, the complainant was to raise his grievance, in writing, within the period of 15 or 30 days, as the case may be but the complainant had not done so and on 27.11.2012, as per her version, she contacted the agent on 27.11.2013 to make the payment of premium for next year premium but its agent refused (name of the agent has also not been disclosed by the complainant). Assuming the version of the complainant true, the cause of action, in favour of the complainant, if any, accrued on 27.11.2013. Why the complainant remained in, slumber for the period of, more than 9 years, it has not been explained by the complainant. Neither there is any reason disclosed why the complaint has been filed such a belated stage and as per Section 69 of the Consumer Protection Act, 2019, the complainant was required to file the complaint within the period of two years from the date of accrual of cause of action which accrued in favour of the complainant on 27.11.2013. Complainant has not filed an application making prayer before the Commission disclosing the reason, which prevented her from filing the complaint within the time, so complaint is not maintainable it being barred by period of limitation.

4.              Hence, without commenting anything further, complaint is dismissed, it barred by period of limitation of time.

5.               File be consigned to the records.

Dated: 14.07.2023.    

                                                                             (Gulab Singh)                                                                                   

                                                                      District & Sessions Judge (VRS)

(Geeta Parkash)     (Jasvinder Singh)                       President,

Lady Member.      (Member).                              DCDRC, YNR.     

 

 

Typed by: Aarti.