BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.303 of 2016

Date of Instt. 19.7.2016

Date of Decision : 25.07.2016

M/s RFH Solutions Pvt Ltd., SCF-3, near Lal Rattan Cinema, Jalandhar City, through its Chairman-cum-Managing Director Sh.Rajinder Pahwa.

..........Complainant Versus

1.M/s National Insurance Co.Ltd., Head Office:-3, Middleton Stree, Kotkata, West Bengal-700071 through its Chairman/Mg.Director.

2.M/s National Insurance Co.Ltd., Divisional Office-III, Model Town, Ludhiana, through its Branch Manager.

3.M/s National Insurance Co.Ltd., Divisional Office-1, BMC Chowk, GT Road, Jalandhar through its Senior Divisional Manager.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Vikas Chabra Adv., counsel for the complainant.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint with the averments that it purchased one money insurance policy vide cover note No.4000910725292 dated 31.3.2010 from the OP for the period from 31.3.2010 to 30.3.2011. On 11.2.2011 at about 8.00 PM after closing his showroom, the complainant handed over a briefcase containing some cheques, important documents and cash amounting to Rs.4,50,000/- alongwith laptop to his driver namely Rakesh Kumar son of Kewal Krishan who put the same on the rear seat of Desire Car and locked the door of the car and parked the car near the showroom and came to the complainant to take some goods. When the said driver went to the car he found that the left glass of the car was lying broken and the briefcase containing all the aforesaid documents as well as cash alongwith laptop had been stolen by some unknown person. The matter was reported to the police. Resultantly FIR No.29 dated 11.2.2011 was registered at PS Division No.4, Jalandhar against unknown persons. The Ops were also informed and claim was lodged by the complainant with the Ops by fulfilling all the necessary formalities. Police could not traced out the said briefcase containing aforesaid documents, cash, laptop, etc and submitted untraced report to the Illqua Magistrate which was accepted by the Illqua Magistrate vide order dated 5.1.2013. Complainant also got confirmed the status of his claim from Grievance Redressal Cell of the OP National Insurance Company Limited who vide their reply dated 22.6.2013 told the complainant that this claim while processing was found to be falling outside the scope of terms and conditions of the policy and hence not payable which has accordingly been informed to the insured as well. Thereafter, complainant served legal notice dated 4.1.2014 to the Ops but inspite of that OP did not pay the claim of the complainant. Hence, this complaint.

2. We have heard the counsel for the complainant and have minutely gone through the documents produced by the complainant himself i.e. cover note No.4000910725292 of the police, FIR dated 11.2.2011, correspondence made by the complainant with the police regarding untraceable certificate dated 24.10.2011, untraced report accepted by the Illqua Magistrate vide order dated 5.1.2013, status report of the claim of the complainant dated 22.6.2013 issued by the OP National Insurance Company and the legal notice served by the complainant upon the OP dated 4.1.2014.

3. From the perusal of entire above documents produced by the complainant as well as averments of the complaint and the affidavit filed by the complainant with the complaint, it stands fully proved that the complainant obtained money insurance policy vide cover note dated 31.10.2010 for the period from 31.3.2010 to 30.3.2011. On 11.2.2011, the briefcase containing some cheques, important documents and cash amounting to Rs.4,50,000/- alongwith laptop was allegedly stolen from the car of the complainant by some unknown person. On the basis of which FIR No.29 dated 11.2.2011 was registered at PS Division No.4, Jalandhar against unknown persons. Complainant submitted that he also informed the OP immediately regarding the aforesaid occurrence/loss occurred to the complainant and submitted claim form after fulfilling the necessary formalities required by the OP. As per documents produced on record by the complainant, the claim of the complainant was repudiated by the OP and he was duly informed as is evident from the report of Grievance Redressal Cell of OP i.e. National Insurance Company Limited produced by complainant himself vide which the complainant was duly informed that this claim while processing was found to be falling outside the scope of terms and conditions of the policy and hence not payable which has accordingly been informed to the insured. This email is dated 14.8.2013 produced by complainant himself. All this fully proves that complainant came to know that his claim has been rejected/repudiated by the OP insurance company and he has been duly informed in this regard and complainant has got confirmation from the Grievance Redressal Cell of the OP insurance company through information which he got from the website of the OP on 14.8.2013. So, the cause of action in this case accrued to the complainant on 11.2.2011 when the occurrence/loss took place and when the OP repudiated the claim of the complainant and the complainant was duly informed and he came to know about the fact that his claim has been repudiated by the OP through Grievance Redressal Cell report which the complainant obtained on 14.8.2013. So, the complainant became fully aware on 14.8.2013 that his claim has been repudiated/rejected by the OP insurance company. So, at the most the cause of action accrued to the complainant when he received this report on 14.8.2013 but the complainant filed the present complaint on 19.7.2016 i.e. after a lapse of a period of three years.

4. Learned counsel for the complainant submitted that he served legal notice dated 4.1.2014 upon the Ops but the OP neither submitted any reply of this legal notice nor paid the claim to the complainant, so, the cause of action is still continuing to the complainant. Here, we do not agree with the contention of learned counsel for the complainant that cause of action aroses by serving legal notice on the OP, when the complainant has already came to know about the fact that his claim has already been rejected/ repudiated by the OP through report of the Grievance Redressal Cell on 14.8.2013. Complaint could be filed within two years from the date of cause of action accrued to the complainant. At the most, complaint can be filed within period of two years from the date when the complainant was duly informed that his claim has been rejected/repudiated by the OP which he came to know vide the report of Grievance Redressal Cell dated 14.8.2013 but the present complaint has been filed by the complainant on 19.7.2016. Complainant did not file any application for condonation of delay. Resultantly, we hold that complaint is barred by limitation and as such is not maintainable and the same is hereby dismissed. Copy of the order be sent to the complainant free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

25.07.2016 Member President