MS. NIPUR CHANDNA, MEMBER
ORDER
14.08.2024
1. A complaint under Section 35 of Consumer Protection Act filed by complainant thereby alleging deficiency in service on the part of OP. In brief the facts of the complaint are that the complainant’s deceased father had LIC Endowment Plus Plan Life Insurance Policy which offer investment cum insurance cover with the OP for which single premium of Rs. 2,50,000/- was paid and as such OP issued policy bearing no. 116608220 in the name of deceased father of the complainant with the date of commencement 31.03.2011 and maturity in the month of March, 2031 for a sum of Rs. 12,45,000/-.
2. It is alleged by the complainant that his father expired on 22.12.2012 during the currency of the policy in question and accordingly the death claim was moved by complainant along with requisite documents on 13.11.2018 with OP Insurance Co. It is further alleged by the complainant that despite repeated request visit and follow up OP failed to pay the maturity amount Having no other option complainant served legal notice dated 27.02.2024 upon OP which was duly delivered to OP Ins. Co. on 18.03.2024. Despite receiving the legal notice OP neither replied the same nor had released the claim in question. Being aggrieved by the conduct of the OP, complainant approached this Commission for redressal of his grievance.
3. The present complaint case is on admission stage. We have heard Ld. Counsel for complainant Sh. Naman Chhabra on admission as well as on limitation issue and have perused the record.
4. It is submitted by Ld. Counsel for complainant that complainant approached OP Ins. Co. on various occasions for getting the claim in question but OP failed to release the claim as such the cause of action is continuing one and the present complaint case is well within limitation. It is further prayed that present complaint be admitted in the interest of justice.
5. Before adverting to the disposal of the present complaint case 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.
6. 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.
7. Admittedly, the complainant’s father expired on 22.12.2012, hence, the cause of action for filing the present complaint arose on 22.12.2012. As per the averments made in the complaint the complainant lodged the claim with OP Ins. Co. on 13.11.2018. The copy of the claim form placed on record by the complainant does not bear any date of submission of the claim with OP, if at all for the sake of the arguments if we consider the date of filing of the death claim with OP on 13.11.2018, the complainant ought to have file the present complaint within two years of the submission of the claim with OP i.e 13.11.2020, which complainant failed to do. Admittedly, complainant approached this Commission on on 22.07.2024 i.e. after the delay of 5 years and 07 months.
8. In view of the above discussion, we are of the considered opinion that the cause of action for filing the present complaint arose on 22.12.2012 and thereafter, finally arose on 13.11.2018 when the complainant submitted the claim in question with OP Ins. Co. as averred in the complaint. The complainant failed to approach this commission well within limitation and filed the present complaint on 22.07.2024 i.e. after the delay of of 5 years and 07 months. The present complaint is therefore, barred by limitation, hence, dismissed.
File be consigned to record room.
9. 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 14.08.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
