DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 136-15

Date of Institution : 5.3.2015

Date of Decision : 12.3.2015

S.Baldev Singh son of S. Satwant Singh, resident of HouseNo.10260,Kot Harnam Dass, Gali No.10, Sultanwind Road, Amritsar

...Complainant

Vs.

LIC of India , Unit No. 329,CAB 36,The Mall,Amritsar through its AAO (Claims) Branch Manager/Principal Officer

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. Hardev Singh,Adv

Quorum : Sh. Bhupinder Singh, President,

Ms.Kulwant Kaur Bajwa,Member & Sh. Anoop Sharma, Member

Order dictated by :-

Bhupinder Singh, President

1. Complainant filed the present complaint with the submission that he obtained insurance policy bearing No. 4706734112 with sum assured Rs. 50000/- from the opposite party for the period from 28.3.2001 to 28.3.2021 i.e for 20 years. The complainant met with an accident on 29.11.2006 due to electrocution and remained under the treatment from 28.10.2007 till 13.6.09 and he suffered burnt injury 15% with 100% disability. Claim was lodged with the opposite party as the opposite party was bound to pay the insured amount of Rs. 50000/- to the complainant in installments and further to waive the payment of future premium. The claim was lodged on 19.7.2007 but the opposite party vide letter dated 26.9.07 rejected the claim of the complainant. Thereafter the complainant filed another representation dated 8.5.2014 to the opposite party to review the claim case of the complainant but that was rejected by the opposite party vide letter dated 2.6.2014.

2. We have heard the ld.counsel for the complainant and have minutely gone through the record i.e. averment of the complainant and the documents produced on record by the complainant.

3. From  the perusal of the record it stands fully proved that claim case of the complainant was rejected /repudiated by the opposite party vide letter dated 26.9.07. The cause of action arose to the complainant on 26.9.2007 but the complainant did not file any complaint against the opposite party. However, in order to create evidence to bring the complaint within the period of limitation, the complainant filed application to the opposite party dated 8.5.2014 with the request to the opposite party that they may review their earlier order  conveyed to the complainant vide letter dated 26.9.07. But that request of the complainant was also rejected by the opposite party vide letter dated 2.06.2014 in which the opposite party has categorically mentioned that they have already repudiated the claim of the complainant vide letter dated 26.9.2007 and as such they are not going to review their earlier order.  So all this shows that cause of action accrued to the complainant to file the present complaint on 26.9.07 and thereafter no fresh cause of action arose to the complainant to file the present complaint. The complaint in the Forum is not maintainable after 2 years from the date the cause of action accrued to the complainant. Whereas the present complaint has been filed by the complainant  on 5.3.2015i.e. after a lapse of a period of more than 7 years which is hopelessly time barred. The complainant has also not filed any application for condonation of delay.

4. Consequently we hold that complaint is not maintainable being time barred and the same is hereby dismissed . Copies of the orders be furnished to the complainant free of costs. File is ordered to be consigned to the record room.

12.3.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member