Bhagi Devi vs.   ICICI Lombard etc.

Dated 17.09.2024.

Present:       Sh. Ashok Saharan, Advocate for complainant.                                       

                       Sh. R.K. Mehta, Advocate for op no.1.                                                  

                      Sh. R.K. Chaudhary, Advocate for op no.2.

                   Heard on the application moved on behalf of op no.1 for dismissal of complaint on the ground of limitation. It is averred in the application that applicant has been arrayed/ impleaded as op no.1 and complaint has been filed seeking compensation for the loss of crop of Kharif, 2017 but no record of National Crop Insurance Portal and insurance with applicant/ op no.1 has been placed on record either by complainant or co-op showing op no.1 to be insurer for the crop of Kharif, 2017 of complainant. It is further submitted that applicant/ op no.1 was not insurer as neither record of premium paid nor portal record has been placed on the file and further the complaint has been filed after six years of the alleged loss, which is beyond the period of limitation.

2.                Reply to the application has not been filed on behalf of complainant despite availing various opportunities.

3.                We have heard learned counsel for the parties and have gone through the case file.

4.                The perusal of the written version of op no.2 bank reveals that premium amount for insurance of Kharif crop of 2017 of complainant was deducted by op no.2 bank from the account of complainant but as detail of complainant could not be uploaded on the portal of insurance company due to non availability of her aadhar card, ultimately premium amount was refunded back in her account. The complainant herself admitted that premium was refunded back in her account on 17.10.2017. Since the premium amount was deducted by op no.2 bank but her detail could not be uploaded on the portal of op no.1 due to non availability of her aadhar card,therefore, the premium amount was refunded back in her account and as such complainant is estopped from filing the complaint. Moreover, complaint has been filed after a period of more than five years of cause of action which accrued to the complainant on 17.10.2017 but present complaint has been filed on 06.12.2022 and therefore, complaint is also barred by limitation because as per provisions of Consumer Protection Act, 2019 the complaint was to be filed within two years from the date of cause of action. There is no ground to condone the delay in filing the present complaint and the benefit of extension of limitation period granted by Hon’ble Supreme Court from 15.03.2020 to 14.03.2021 cannot be granted to the complainant because the cause of action arose to the complainant in the month of October, 2017 i.e. much before the period 15.03.2020 to 14.03.2021 and even the present complaint has been filed after one year and nine months from 14.03.2021. There is no other reason to condone the delay in filing the present complaint and as such application filed on behalf of complainant in this regard is hereby dismissed, application filed on behalf of op no.1 is hereby allowed and resultantly the complaint is dismissed on the above said ground of estoppal, limitation as well as on the ground of non maintainability.  A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

                             Member                Member                President                                                                                                                                                                    DCDRC, Sirsa.