West Bengal

Kolkata-II(Central)

CC/67/2020

Rohit Maheswari - Complainant(s)

Versus

Liberty Videocon General Insurance Co. Ltd. - Opp.Party(s)

Ankita Sett

02 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/67/2020
( Date of Filing : 17 Feb 2020 )
 
1. Rohit Maheswari
Gandhi Road, P.O.Birpara, Dist-Jalpaiguri and C/O Anuj Kr.Shroff,4A, J.K.Pal Road, Kolkata-700038,P.S.New Alipore.
...........Complainant(s)
Versus
1. Liberty Videocon General Insurance Co. Ltd.
7th Floor, 7/4 and 7/5 Metro Tower-1 no.Hochimin Sarani, Kolkata-700071 and P.S.Shakespeare Sarani and 10th Floor, Tower A, peninsula Business Park, Ganpatrao,Kadam Marg, Lower Parel,Mumbai-400013.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
For the Complainant:Ankita Sett, Advocate
For the Opp. Party:
Dated : 02 Mar 2020
Final Order / Judgement

Order No. 02        Dated :    02.03.2020

            To day is fixed for Admission Hearing.

            Ld. Advocate for the complainant is present.

            The case is taken up for Admission Hearing.

            Heard the Ld. Advocate for the complainant who submits that the complainant is the registered owner of vehicle bearing  Registration No. WB 70C 5668 (Hundai I 20) and the said vehicle was insured with the OP. He further submits that the period of Insurance Policy was valid since by 10.2016 to midnight of 21.10.2016. According to him, the subject vehicle met with an accident  on 17.11.2016  for which the vehicle was totally damaged and ID Value  was Rs.3,68,046/- as per Policy Certificate. Complainant lodged claim but the OP repudiated the claim vide letter dated 31.05.2017. Hence, the consumer complaint.

            We have heard the Ld. Advocate for the complainant. Perused the consumer complaint coupled with its annexure thereto. Fact remains that the OP issued insurance policy for the period from 22.10.2016 to midnight of 21.10.2017 in respect of the subject vehicle and the vehicle met with an accident on 17.12.2016 It is also true that the complainant lodged claim vide no.301401201116110053601 to the OP / Insurer and the insurer vide letter dated 31.05.2017 repudiated the claim on the ground that the driving licence of the driver was not valid on the date of accident. Cause of action of the instant consumer case arose on 31.05.2017 i.e. the date of repudiation of the claim. The instant complaint has been filed on 17.02.2020 which is beyond the limitation of two years. There is also no prayer on the part of the complainant for condonation of delay. Thus, the Consumer Complaint is barred U/s 24A of the Consumer Protection Act, 1986.

            In view of the above aspect, we are not inclined to admit the complaint.

            Hence,

ORDERED

            That the consumer complaint is not admitted being bar red by limitation.    

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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