MS. NIPUR CHANDNA, MEMBER
ORDER
12.03.2024
1. A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant is a widow lady whose husband Sh. Devender Singh died due to Corona on 02.06.2020. The deceased husband of the complainant got financed flat no. 85/86 Ground Floor, Pkt-9, Sector-25, Rohini, Delhi-85 from OP-1.
2. The OP-1 gave a loan of Rs. 18,60,000/- out of which Rs. 60,000/- was deposited OP-1 to OP-2 thereby securing the aforesaid loan in question. It is further alleged by the complainant that as per the insurance agreement OP-2 has promised that in case of the death of the original borrower the present guarantor i.e. complainant would not be liable to pay loan amount and the loan would be reimbursed by OP-2. It is alleged by the complainant that the period of insurance was valid from 01.08.2018 to 31.07.2021.
3. It is further alleged by the complainant that after the death of her husband the remaining amount of Rs. 5,37,000/- was paid by her to OP-1 on 20.01.2023.it is further alleged by the complainant that despite receiving the entire amount OP-1 again asked the complainant to pay EMI for the month of August, 2020 which she already paid. It is further alleged by the complainant that despite having the loan secured by OP-2 Ins. Co., OP-2 Ins. Co. arbitrarily rejected the claim. The aforesaid conduct of both the OPs compelled the complainant to knock the door of this Commission, hence, this complaint.
4. The present complaint case is on admission stage. We have heard counsel for complainant Ms. Tanuja Mishra on admission as well as limitation and have perused the record.
5. It is submitted by complainant counsel that remaining amount of Rs. 5,37,000/- was paid by complainant to OP-1 on 20.01.2023, hence the present complaint is well within limitation. Complainant has placed on record the, copy of death certificate, copy of policy documents, copy of loan sanctioned letter, copy of loan account statement, copy of email communication between complainant and OP-2 in support of her contention.
6. Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Commission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
7. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
8. Admittedly, as per the email dated 11.08.2020, OP Ins. Co. repudiated the claim of the complainant, hence, in our opinion the cause of action for filing the present complaint finally arose on 11.08.2020. The complainant in the present complaint has averred that she has paid remaining amount of Rs. 5,37,000/- to OP-1 on 20.01.2023 and despite receiving the entire amount OP-1 is still demanding the EMI for the month of August, 2020, hence, present complaint is well within limitation. Despite bare version no documentary evidence has been placed on record by the complainant in respect to the balance payment made by her on 20.01.2023 to OP-1 and further demand was raised by OP-1 in respect to EMI for the month of August, 2020.Hence, we are of the considered view that due to lack of documentary evidence we are bound to come to the conclusion that the cause of action for filing the present complaint firstly on 02.06.2020 and finally on 11.08.2020 when OP-2 Ins. Co. repudiated her claim. The complainant ought to have file the present complaint within two years of the accrual of cause of action but the complainant failed to do so.
11. In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose 11.08.2020, the complainant ought to have file the present complaint within two year of the accrual of cause of action. The complainant has filed the present complaint on 23.02.2024 i.e after the delay of 3 years and 6 months, the present complaint is therefore barred by limitation, hence, dismissed.
File be consigned to record room.
12. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 12.03.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
