Karnataka

Mysore

CC/10/906

Smt. Meenakshi - Complainant(s)

Versus

LIC of India & one another - Opp.Party(s)

Sri. K.S

08 Oct 2010

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
consumer case(CC) No. CC/10/906

Smt. Meenakshi
...........Appellant(s)

Vs.

The Senior Divisional Manager, LIC of India
LIC of India & one another
...........Respondent(s)


BEFORE:
1. Sri. Shivakumar.J.2. Sri.T.H.NarayanaGowda. B.Sc.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Perused the complaint and its enclosures. This complaint is filed by the complainant against the opponents under section 12 of the C.P.Act 1986, for directing them to pay the sum of Rs.1.25.000/- being the amount of the LIC policies taken by her deceased husband namely, Sri Srikanth along with interest, compensation of Rs.2,00,000/- towards mental agony etc., and costs of the complaint. On the perusal of the averments of the complaint and the contents of the letter dated 12.02.2002 addressed by the opponent No.2 to the complainant clearly discloses that the claim of the complainant was repudiated by the opponent No.2 in the month of February 2002 itself. The letter dated 04.03.2002 produced by the complainant along with the complaint discloses that after the repudiation of the claim of the complainant appears to have addressed the same to the Zonal Manager, LIC of India, Hyderbad with a request to reconsider her claim as instructed in the repudiation letter dated 12.02.2002. But, the material on record including the averments of the complaint clearly discloses that after the letter dated 04.03.2002, the complainant has not made any correspondence with the opponent No.1 or with the opponent No.2 regarding her claim. The complainant has also not placed any material on record to show that the opponents have agreed to reconsider her claim and then dragged on the matter. However, the complainant has produced the copy of the legal notice dated 23.08.2010 and copies of the postal receipts and acknowledgements including the copy of the certificate of posting. The said material clearly disclose that after the letter dated 04.03.2002, the complainant has got issued the legal notice to the opponents in the month of August 2010 that is after the lapse of 8 years from the date of her claim. Thus, even by the time of issuing legal notice dated 23.08.2010, the claim of the complainant was barred by limitation. After issuing of the said legal notice dated 23.08.2010, the complainant has filed this complaint in the month of October 2010. Thus the complainant has filed this complaint after the lapse of 8 years from the date of repudiation of her claim in the year 2002. Hence, under these circumstances, we have no other alternative except to hold that the complaint is hopelessly barred by law of limitation and liable to be rejected without admission. Hence, we proceed to pass the following ORDER The complaint is rejected without admission as barred by law of limitation. Office is directed to return the documents and the postal cover and stamps to the complainant or her counsel




......................Sri. Shivakumar.J.
......................Sri.T.H.NarayanaGowda. B.Sc.