Delhi

New Delhi

CC/632/2014

Seema Chandok - Complainant(s)

Versus

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

05 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./632/2014                                                     Dated:

In the matter of:

Mrs. Seema Chandok,

W/o Sh. Manmohan Singh Chandok,

R/o H. no. J-13/63,

Rajouri Garden, (Distt. West)

Delhi-110027,

Presently at:-

C-555, Sushant Lok-I, Gurgaon

 …… Complainant

Versus

M/s Bajaj Allianz General Insurance Co. Ltd.,

Through its directors/ manager,

108, Ist floor, Surya Kiran Building,

K.G. Marg, Connaught Place,

New Delhi-110001.

 

Also at:-

M/s Bajaj Allianz GeneralInsurance Co. Ltd.,

Through its directors/ manager,

SCO no. 215-217, 4^th floor,

Sector-34A, Chandigarh-160036.

 

M/s Bajaj Allianz GeneralInsurance Co. Ltd.,

Through its directors/ manager,

Plot no. 271, Industrial Area Panchkula,

Phase-II, Panchkula,

           Haryana-134015

……. Opposite party

 

 

 

 

NIPUR CHANDNA, MEMBER

ORDER

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that being induced by the representation made by Ms. Monika Sardana and Navjeet Singh agent of OP, the complainant paid a sum of Rs. 02,60,000/- vide cheque no. 717671 dated 28/10/2009 and Rs. 02,40,000- vide cheque no. 717680 dated 28/10/2009 alongwith other documents to the agent of OP. After receipt of the amount, the OP issued two polices bearing no. 0138007065 & 0138005480 but both the policy bond were never supplied to the complainant. It is further stated that on the continuous persuasion with the agent the complainant only get the policy number. It is further stated that on 01/04/2014, the complainant sent a letter to the OP thereby, requesting the OP to supply the original policy and the status of the same. The complainant also sent a legal notice dated 15/05/2014, thereby, asking the OP to clear the status of the above mentioned polices. The OP neither reply to the legal notice nor had given the status of the same, hence this complaint.

 

            Complaint has been contested by OP. OP has strongly challenged the issue of limitation in its preliminary objection at Para-6, hence needs to be decided first.  It is stated that the  policies in question was issued with date of commencement as 03/11/2009. The complainant has itself admitted in its complaint that she paid the premium to the OP vide cheques dated 28/10/2009, hence, the cause of action accrued on 28/10/2009 & 03/11/2009 and the present complaint was filed on 22/08/2014.

           

 

    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.

            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.

            Admittedly, the complainant paid the premium to the OP on 28/10/2009. Thereafter, no correspondence was exchanged between the parties till 2014. The complainant neither wrote any letter to the OP to know about the status of the policy nor she had demanded the policy document from the OP, hence, in our view, the cause of action for filling the present complaint accrued on 28/10/2009. The present complaint was filed on 22/08/2014 i.e. beyond the period of 2 years of the accrual of cause of action.    If the OP Insurance Co. is not providing the copy of the policy documents or any update regarding the polices in question to the complainant, the complainant ought to have approached us well within time, which she failed to do so.  The complaint is hopelessly barred by limitation. We find no merits in the present complaint, 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  05/02/2020.

 

 

      (ARUN KUMAR ARYA)

     PRESIDENT

        (NIPUR CHANDNA)                                                                                                              (H.M. VYAS)

              MEMBER                                                                                                                            MEMBER