Bihar

Muzaffarpur

CC/243/2019

Saraya Khatun - Complainant(s)

Versus

Branch Manager, Tata AIA Life Insurance Company Ltd. & Ors. - Opp.Party(s)

Hariom Kumar & Jaya Sinha

17 Jan 2020

ORDER

DISTRICT CONSUMER FORUM, MUZAFFARPUR
BIHAR
 
Complaint Case No. CC/243/2019
( Date of Filing : 06 Nov 2019 )
 
1. Saraya Khatun
Vill-Kodarkatta, P.O.-Barji, P.S.-Motipur, Muzaffarpur
...........Complainant(s)
Versus
1. Branch Manager, Tata AIA Life Insurance Company Ltd. & Ors.
Muzaffarpur and Other
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Anil Kumar Singh PRESIDENT
 HON'BLE MR. Dr. Narayan Bhagat MEMBER
 
For the Complainant:Hariom Kumar & Jaya Sinha, Advocate
For the Opp. Party:
Dated : 17 Jan 2020
Final Order / Judgement

Attendance on behalf of complainant has been filed. A petition along with  affidavit and court fee has been filed on behalf of complainant u/s-24(a) (1) of Consumer Protection Act-1986 on behalf of complainant with prayer to condone  the delay and admit the case.

          Heard the learned lawyer for the complainant and perused the record. The complainant has annexed the repudiation letter as annexure-6, by which o.p TATA AIG has repudiated the claim of complainant.  This letter is of 20-04-2015. So, the  last cause of action arose on 20-04-2015. The complainant has filed this complaint petition on 06-11-2019 after delay of 2 years 6 month 29 days. As per section-24. (A) of the Consumer Protection Act-1986, the complaint petition should be filed within 2 years from the date on which the cause of action has arisen. There is delay of 2 years 6 month 29 days. The complainant  has sent  legal notice to the o.ps on 19-07-2019 to create ground for not submitting the complaint in time. She has mentioned  in the delay condonation  petition that she is illiterate lady. She has further mentioned in the petition  that she received the repudiation letter of the o.ps. She has also mentioned that she approached in the Branch Offices and others for payment of their claim amount. She has also mentioned that in the repudiation letter, it was mentioned that if she is not satisfied with the decision she may approach  customer care cell of the o.ps. So, it transpires that she admits one parts of the letter which is  in English but she denied the other parts of the repudiation on the ground of illiterate.  Court cannot  accept not and cold on the same time and as such we find no reasonable reason for filing the complaint petition after 2 years 6 month 29 days delay. In the circumstances, the complaint petition is dismissed at admission stage itself.

The repudiation on the ground of illiterate.  Court cannot  accept hot and cold on the same time and as such we find no reasonable reason for filing the complaint petition after 2 years 6 month 29 days delay.

In the circumstances, the complaint petition is dismissed at admission stage itself.

 
 
[HON'BLE MR. Anil Kumar Singh]
PRESIDENT
 
 
[HON'BLE MR. Dr. Narayan Bhagat]
MEMBER
 

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