Delhi

New Delhi

CC/311/2013

Ganeshi Lal - Complainant(s)

Versus

M/S. Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

03 Mar 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.311/2013

 

Sh. Ganesh Lal,

S/o Sh. Lala Ram,

R/o F-2/313, Madangir,

New Delhi.

                               ….Complainant

Vs.

 

Bajaj Allianz General   Insurance Co. Ltd.,

28, Barakhamba Road,

Near Statement House,

Connaught Place,

New Delhi-01.

 

H.O.: GE Plaza, Airport Road,

Yerawada, Pune-411006.

 

Opposite Party

NIPUR CHANDNA, MEMBER

O R D E R

 

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant had  purchased a policy bearing No.0G-05-2401-9960-0000004.  The said policy was issued by the OP for the period from 31.10.2005 to 30.10.2010 for a sum insured of Rs.2 lacs.  On 26.6.2010, the son of the  complainant met with an road accident by a Traula bearing No.HR55 1281 at Lal Quan Bus stand, Delhi and he died at spot.  After the death, the complainant approached OP for the claim.  The official of the OP demanded certain documents for processing the claim, the complainant provided the necessary papers to the OP but despite receiving the entire documents, OP failed to process the claim.  The complainant sent a legal notice to the  OP but all in vain, hence this complaint.

 

2.     Complaint has been contested by the OP.  OP filed its written statement, wherein it denied any deficiency in service on its part.  It is stated that the present complaint is hopelessly time barred as the incident took place on 26.6.2010.  The OP vide its letter dt. 26.8.2010, 16.9.2010, 25.10.2010 and 18.11.2010 requested the complainant to provide the documents to process the claim, the complainant failed to do so, having no other option, the OP Insurance Co. vide letter dt. 30.11.2010 finally closed the claim of the complainant.  The complainant has filed the present complaint on 22.3.2013 whereas the cause of action for filing the present accrued on 30.11.2010 i.e. by way of letter intimating the claim was repudiated which is beyond the time period prescribed u/s 24A of CP Act.  therefore, the present complaint is dismissed on this sole ground.

3.     Both the parties have filed their evidence by way of affidavit.  

4.     We have heard argument advanced at the Bar and have perused the record.

5.     The counsel for OP has strongly challenged the question of limitation hence, need to be decided first.  

 

 As per section 24(A) of Consumer Protection Act, 1986 : -

1. 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.

 

2. 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 Comission , 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 or the District Forum, as the case may be records its reason form condoning such delay.

6.     On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

7.     In the present complaint the claim of the complainant was repudiated by OP vide its letter  dt. 30.11.2010. The complainant, thereafter, never approached OP for re-consideration of his claim nor any further correspondence/settlement of claim was done by the OP in this regard, hence,  in our view, the repudiation of the claim by OP achieved its finality which constitute the cause of action for filing the present complaint.   The complainant ought to have filed the present complaint within two years of the accrual of cause of action i.e. from  the date of repudiation letter dt. 30.11.2010, which he failed to do so.  The complainant filed the present complaint on 22.3.2013 i.e.  beyond the period of two years of the accrual cause of action.

8.     In view of the above discussion and the judgment cited above,  we are of the considered opinion that the cause of action for filing the present complaint accrued vide letter dated 30.11.2010,  the present complaint was filed on 22/3/2013.  The complaint is barred by limitation, therefore,  same is hereby dismissed.

 This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.  File be consigned to Record Room.

Announced in open Forum on  03/03/2020.

 

      (ARUN KUMAR ARYA)

  PRESIDENT

(NIPUR CHANDNA)                                                                                                           (H.M. VYAS)

       MEMBER                                                                                                                      MEMBER