Delhi

New Delhi

CC/702/2011

Raj Finishing House - Complainant(s)

Versus

M/S. Oriental Insurance Company Ltd. - Opp.Party(s)

15 Jan 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./702/2011                                            Dated:

In the matter of:

Raj Finishing House,

70, Shri Nagar Colony,

Bharat Nagar Road,

New Delhi-52.

                …… Complainant

Versus

 

Oriental InsuranceCompany Ltd.,

Divisional Office No.24,

N-39, Bombay Life Building,

Connaught Circus,

New Delhi-110001.

 

……. 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 brief facts as alleged in the complaint are that  the complainant had taken a Burglary Insurance  policy from the OP covering stock in trade pertaining to the complainant’s firm for a  sum of Rs.25,00,000/- and plant and machinery for sum insured of Rs.60,000 for the period 23.10.2007 to 22.10.2008  with the financial interest of Indian Overseas Bank and paid the consideration amount of Rs.876/- to the OP.  In response, OP only gave a computerized policy bearing No.215101/48/2008/1093 and  have not given the terms and conditions of the said policy. Unfortunately,  on 02/03.08.2008, a burglary  took place in the insured premises and huge stock of finished garments were missing.  The complainant informed police on 100 number and an FIR bearing No.196/2008 was lodged at P.S. Sarai Rohilla u/s 454/380 IPC.  After that the complainant duly informed the officials of OP about the same, total loss suffered by the complainant was to the tune of Rs.10,67,399/-, The OP Insurance Co. appointed the surveyor  namely M/s Aditi Consultant Pvt. Ltd.  to assess the loss.  All the necessary/ required papers documents were supplied to the surveyor after collecting the entire documents, surveyor recommended the loss for a sum of Rs.7,11,152/- but a copy of survey report has not been provided to the complainant despite various request.  On 16.4.2009, complainant received a letter from the OP Co. whereby the claim of the complainant was repudiated on the two grounds viz i) The lock of main door was not broken out , hence the same was not forceful entry in the premises  ii) You have not maintained adequate record of the stock. Thereafter, the complainant  sent a letter dt. 14.5.2009 and various emails to the OP Co. to settle his claim  but no reply has been received from the OP Co. Non-settlement of the claim of the complainant amounts to deficiency in services on the part of OP, complainant, therefore, approached this Forum for redressal of his grievance.

2.     Complaint has been contested by OP.  OP has filed its written statement wherein it denied any deficiency in service on its part  and stated that the  present complaint is time barred as the burglary  took place on 3.8.2008, the claim of the complainant was repudiated on 16.4.2009 and the present complaint was filed  on 4.7.2011 i.e. after the expiry of two years of accrual of cause of action.

3.     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.

4.     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.

 

5.     In the present complaint the claim of the complainant was repudiated by OP vide its letter dt. 16.4.2009.  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. 16.4.2009, which he failed to do so Moreover, the complainant had failed to place on record an application for condonation of delay. The complainant filed the present complaint on 4.7.2011 i.e.  beyond the period of two years of the accrual cause of action.

6.     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 16.4.2009,  the present complaint was filed on 4/7/2011.  The complaint is barred by limitation, therefore, 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 15/01/2020.

 

 

      (ARUN KUMAR ARYA)

  PRESIDENT

                              (NIPUR CHANDNA)                                                 (H.M. VYAS)

                                   MEMBER                                                                MEMBER