Delhi

New Delhi

CC/30/2018

Satvinder Singh - Complainant(s)

Versus

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

18 Feb 2020

ORDER

 

 

                         CONSUMER DISPUTES REDRESSAL FORUM-VI

                             (DISTT. NEW DELHI),

                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                             NEW DELHI-110001

 

Case No.C.C.30/2018                                             Dated:

         In the matter of:

Satvinder Singh,

S/o Sh. Avtar Singh,

R/o WZ-27, New Saheb Pura,

M.B.S. Nagar, New Delhi-110018

              ……..Complainant

VERSUS

         Bajaj Allianz General Insurance

          Co. Ltd. having its office at

         12^th Floor, Dr. Gopal Dass Bhawan,

        28, Barakhamba Road, Connaught Place,

        New Delhi-110001.

                                                                                                                                                                ………Opposite Party

                

NIPUR CHANDNA, MEMBER

 

ORDER

 

By way of this order we are disposing off the application filed on behalf of complainant under section 5 of the Limitation Act, read with section 151 CPC for condonation of delay in filing the complaint. 

2.     Reply to the application was filed on behalf of OP. Arguments heard.  It is stated on behalf of complainant that  the OP Insurance Co. had never informed the complainant about the repudiation of his claim.  For the first time, the complainant came to know about the repudiation only when the OP filed its written statement.  It is further stated that various proceedings were going on between the complainant and the OP before the MACT Tribunal as well as the criminal proceedings before S.D.J.M. hon’ble court, Punjab and Haryana, the OP never spoke a single word regarding the repudiation of the present claim.  As such, the complainant approached the Insurance Ombudsman, but due to non-holding of the office by Insurance Ombudsman, the complaint was withdrawn from its office vide order dt. 7.12.2018, hence, there is a delay in filing the present complaint which is not intentional or deliberate and prayed that the application be allowed in the interest of justice.

3.     It is argued on behalf of OP that the complainant was very well aware about the rejection of his claim and hence, decided to approach the Insurance Ombudsman on 13.9.2017, on realizing that he is already late in pursuing his remedy before Consumer Fora, he simultaneously filed the present complaint before this Forum. 

4.     Perusal of the file shows that the OP Insurance Co. had repudiated the claim of the complainant vide letter dt. 21.8.2014.  The complainant has filed the present complaint on 30.1.2018, the accident in question took place on 8.5.2014.  It is alleged in application that the complainant never received the repudiation letter dt. 21.8.2014 but he failed to justify why he had not approached OP for getting the status of his claim.  For the first time, he sent a legal notice to the OP on 26.12.2017 asking the status of his claim.  The complainant neither approached the Insurance Co. nor approached this Forum after the accident in question. For a period of approx. 4 years, the complainant remained silent and in this application also failed to assign any reason for the delay of four years.  In such a circumstances, we find no merits in the application, same stands dismissed.

5.     In view of above discussion, we are of the considered view that the accident in question took place on 8.5.2014, the complainant approached this Forum on 30.1.2018 i.e. beyond the period of 2 years of the accrual of cause of action.  The complaint is barred by limitation,  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  18/02/2020. 

                                                                                          

       (ARUN KUMAR ARYA)

                                                      PRESIDENT

 

 

 

                                       (NIPUR CHANDNA)

                                                    MEMBER