Date of Filing:-23/09/2013
Order No. -41 Dt.-08/02/2016
F I N A L O R D E R
Shri Asoke Kumar Das, President
Complainant’s case in short is that she is the only legal heir of her husband Dinabandhu Adikari , died on a road accident on 13/09/2011. He was holder of Janata Personal Accident Insurance Policy no. 512301/47/02/00564 valid from 23,08,2002 to 22/08/2017 . She had placed all documents to the appropriate authority to settle her claim in C/W said policy in due time but she had not received any signal from the O.P. On 10/06/2013 she served lawyer’s notice to the O.P. but in vain. Hence this case.
The O.P. New India Assurance Company Ltd. has contested this case by filing a Written Version wherein the O.P. has denied and disputed the claims and contention of the complainant with prayer for dismissal of the case. The specific stand of the O.P. is that the husband of the complainant was never the field worker of G.T.F.S. and he was a truck driver by profession and that they couldn’t settle the claim of the complainant due to non-submission of appropriate documents by O.P.2(G.T.F.S.) to establish the status of Dinabandhu Adhikari since deceased and that matter had not yet closed and as such there is no deficiency on their part.
POINTS FOR CONSIDERATION.
- Is the case is maintainable both in law and fact?
- Is the complainant is a consumer?
- Is there any deficiency on the part of the O.P. to settle the claim of the complainant as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
After due consideration of the materials on record including the pleading, and written arguments filed by the parties and arguments advanced by Ld. Lawyers of both sides we find that the complainant has neither filed the death certificate of her husband Dinabandhu Adhikary nor filed any document in support of her case. The petition of complaint is not supported by affidavit. The verification of the petition of complaint is incomplete for not putting the date. There is no note under the verification that the contents of the petition of complaint was readover and explained to the declarant before her putting signature in bengali. The complainant has claimed herself as the only legal heir of her husband Dinabandhu Adhikari although she has one minor children as we find from paragraph four of the petition of complaint. As per petition of complaint Dinabandhu Adhikari died on 13/09/2011 and the complainant submitted her claim application with relevant document to O.P. in due time but she didn’t get any signal from O.P. In the circumstances, when O.P.1 has not repudiated the claim of the complainant the cause of action of filing the case by the complainant has been arisen from 13/09/2011. So as per provision of Sec.24A of C.P.Act 1986, the complainant should file the case within two years from 13/09/2011 i.e. on or before 13/09/2013. But the complainant has filed this case on 23/09/2013 i.e. after lapse of ten days approximately without filing any application for condonation of such delay by explaining the cause of such delay. It is well settled principle supported by several decision of Hon’ble National Commission that, “By serving legal notice or by making representation, period of limitation cannot be extended.” The O.P. in its W/V has categorically stated that documents required to settle the claim of this complainant were not submitted and produced either by the complainant or by O.P.2 (G.T.F.S.) and that O.P.2 didn’t submit any valid document to establish that Diunabandhu Adhikary was a legal field worker of G.T.F.S. and he was not a truck driver by profession . From the case record we find that neither the complainant nor O.P.2(G.T.F.S.) has filed any document to establish that Dinabandhu Adhikary was a legal field worker of G.T.F.S. Rather it is evident from the copy of F.I.R. dt.14/09/2011 filed by O.P.1 that Dinabandhu Adhikary was a truck driver by profession and he died in a motor accident.
In this view of the matter we have no hesitation to hold that this case was filed after expiry of the limitation period of 2 years from the date of cause of action and that the complainant has failed to prove her case and the allegation made against O.P.1 by sufficient evidence. Therefore we find and hold that O.P.1 is not guilty for deficiency in service as alleged and that the case deserves dismissal and that the complainant is not entitled to any relief in this case.
All points are disposed of.
In the result the case fails.
Hence, it is
O R D E R E D
that the case/ application stands dismissed on contest against the O.Ps. but without cost.
The complainant is at liberty to submit valid documents before O.P.1 within 30 days from the date hereof to establish that her husband Dinabandhu Adhikari, since deceased, was a legal field worker of G.T.F.S. and on her submitting such document the O.P.1, the New India Assurance Co.Ltd. will consider the same and dispose of the claim of the complainant in accordance with law within 30 days from the date of her submitting the said document.
Let plain copy of this final order be supplied free of cost forthwith to the parties /their Ld. Advocates/agents on record by hand under proper acknowledgement/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.