Delhi

North East

CC/345/2024

SH. VALI MOHD. - Complainant(s)

Versus

M/S UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

27 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.345/24

In the matter of:

 

	Sh. Vali Mohd. S/o Sh. Nanwa R/o H.No. A 239, St. No. 10, Bhagirathi Vihar, Delhi-110094	Complainant
	Versus
	M/s United India Insurance Co. Ltd. Through its Manager, At 8th Floor, Kanchanjunga Building, Barakhamba Road, New Delhi 110001	Opposite Party

 

ORDER

 

Anil Kumar Bamba, Member

Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

1. As per the complaint filed by the Complainant, the case of the Complainant is that the Complainant has purchased a new car model EECO with registration no. Delhi 6CL 4179 in July 2011. Thereafter Complainant renewed the aforesaid vehicle insurance time to time. On 21.02.15 Complainant was going to meet his relative and after one hour at around 10.00 AM he came to know that vehicle lost from there as someone has stolen the car and Complainant immediately called 112 to PCR and also lodged complaint at P.S Sihani Gate, Ghaziabad. On 25.06.15 Complainant was informed by someone that his car has been found and lying at Malkhana of P.S Sihani Gate, Ghaziabad, UP and when Complainant went to P.S Sihani Gate, he saw his car in a dilapidated condition. He got photographed the vehicle and release it after taking the order of the court of Chief Magistrate, Ghaziabad UP. Thereafter on 27.08.15 Complainant visited office of Opposite Party where he was directed to meet H.O of Opposite Party and when Complainant visit to the company person he took papers and told someone will visit in one or two days for inspection of vehicle and after one year a surveyor came and surveyed the car.  On 15.07.15 said vehicle was given at Darshana Motors, Plot No. C 2, Nayay Khand 1, Indirapuram, Ghaziabad, UP by surveyor Sidharth for repairs and a payment of Rs. 17,500/- was also made to Darshana Motors against receipt. Then the vehicle was shifted to Nisar Ahmed’s shop at Surya Nagar, Ghaziabad but vehicle was not also repaired there by the Opposite Party authorized persons.  The Complainant is regularly visiting Opposite Party for last 7 years but vehicle was not repaired. The Complainant has visited Opposite Party on various dates but on further query Opposite Party replied that the file is missing. On 27.01.16 Complainant has sent a legal notice to Opposite Party through speed post but all in vain. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed to release the insurance claim amount of Rs. 2,13,000/- along with interest @ 24 % p.a. since the date of lodging the intimation to the Opposite Party to till its realization and Rs. 7,00,000/- for mental harassment. He further prayed for Rs. 21,000/- for litigation expenses.
2. Section 69 of the Consumer Protection Act, 2019 which reads as under:

“Limitation period

1. The District Commission, 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.
2. Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the Complainant satisfies the District Commission, 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 District Commission or the State Commission or the National Commission, as the case may be, records its reason for condoning such delay.”

3. In this case, the cause of action arose on 15.07.15. A copy of legal notice given to the Opposite Party attached along with complaint issued on 27.01.16. The Complainant approached this Commission after 8 years from the date of cause of action without any sufficient cause for not filing complaint within 2 years from the date of cause of action.
4. In view of the above, we found no reason for condoning the such delay. Therefore, the complaint is dismissed.
5. Order announced on 27.06.24.

Copy of this order be given to the Complainant free of cost.

 

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)