Hon’ble Mr. Manojit Mandal, President

Order No.6, dated 19-11-2018

This is to consider an application dated 29.10.18 filed by the O.P Nos.3 & 4 for maintainability of the case in respect of limitation point.

The Ld. Advocate appearing for the O.P Nos.3 & 4 has contended that the vehicle of the Complainant was allegedly stolen on 08.07.15. The Complainant has admitted that the cause of action arose from the date when the vehicle was stolen on 08.07.2015 and as such, the instant complaint has been filed after a lapse of the statutory period as laid down in the C.P. Act, 1986.  She has further contended that the Complainant has neither sought for any permission for condonation of delay nor filed any application u/s 2-A of the C.P. Act, 1986. She has further contended that there is no averment in any paragraph or prayer of the Complainant reflecting that the Complainant prayed for condonation of delay. So, the application dated 29.10.18 filed by the O.P Nos.3 & 4 should be allowed and the complaint case should be dismissed.

On the other hand, Ld. Advocate appearing for the Complainant has contended that the complaint case is maintainable in law and in its present form. So, the application dated 29.10.18 should be rejected.

Upon hearing the Ld. Advocate of the respective parties, on perusal of the record and the petition under hearing, it is clear that the cause of action in respect of the Insurance Policy arose on 08.07.15 when the alleged car was stolen. The limitation for the purpose of Section 24-A of the C.P. Act, 1986 began to run from 08.07.15 and therefore, the complaint before this Forum against the O.Ps for deficiency in service, whether for non-issue of claim and for not processing the claim under the policy, ought to have been filed within two years thereof. However, the complaint was in fact filed on or after 01.08.18 which was clearly barred by time. Moreover, it is found that the complaint filed on 01.08.18 was also without an application for condonation of delay. Therefore, it was manifestly barred by limitation.

Under the facts and circumstances, we are of the view that the complaint case is not maintainable as the same is barred by limitation. So, the application dated 29.10.18 filed by the O.P Nos.3 & 4 should be allowed and that should be allowed for ends of natural justice.

Hence, it is

Ordered

That the application dated 29.10.18 filed by the O.P Nos.3 & 4 is allowed on contest but without any cost.

The complaint case be and the same is dismissed.

Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action.  The copy of this Final Order/Judgement also available at confonet.nic.in.

Dictated and corrected by me.