To-day is fixed for admission hearing.

Ld. Advocate for the complainant files hazira.

Heard the Ld lawyer. Perused the complaint and the documents thereto.

The case of the complainant is, in brief, that he purchased a Life Insurance Policy of 10 years of the OP No.3 through OP No.1.  Payment of the yearly premium of Rs. 10.000/- was to be made through deduction from his S.B. Account by the OP No.1 (complainant’s Banker) and transfer to the OP No.3 (Insurer).  Accordingly, the first premium was transferred on 04.03.2011 and the Membership Document (not policy Deed) dtd. 20.07.2011 was provided to the complainant.

As such the 02^nd premium was due on 04.03.2012/ 20.07.2012, but no premium was ever deducted thereafter though the complainant should have recollected on the eve of such due date, at least, the policy-Deed to be had.  After almost 06 (six) years, the complainant sent a letter dtd. 03.03.2018 to the OP No.1 asking for refund of the amount towards first premium (not the policy Deed) but with no result so far.

The complainant approached the Consumer Affairs & Fair Business Practice, Siliguri, on 26.07.2018 [after almost 06 (six) years] and the date was accordingly fixed for tripartite pre-litigation mediation on 17.09.2019 but the OP No. 1 & 3 did not appear and the mediation had to be dropped. Hence is the case.

A perusal of the case transpires that the C.P. Act, does not provide for any pre-condition of a pre-litigation mediation for filing a complaint to the Forum Nor is the pre-litigation mediation is a part of Forum’s procedure.  As such the time taken for the said

P.T.O.

Consumer Case No. 45/S/2019.

mediation cannot be counted over & above the limitation period of 02 years. The letter dtd. 03.03.2018 sent to the OP-Bank (not to the OP-Insurance Company for Policy Deed) requesting refund of the amount paid towards first premium cannot be treated to have any pertinence here because as per terms & condition (printed on the Annexure.- 2 i.e., Membership paper dtd. 20-07-11), the insurance cover lapses if premium due is not paid and terminates if the lapsed policy is not revived within 03 years.  The insurance on the life of the complainant ceased to have coverage for non-payment of 02^nd premium on due date, i.e., on 04.03.2012.  The complainant never applied for revival of lapsed membership within 03 (three) years, i.e., 20.07.2015 to the appropriate authority.  The case was filed on 20.08.2019.

It is such the case is barred by limitation as provided under section 24A of the C.P. Act and hence NOT admitted.