Delhi

New Delhi

CC/875/2011

Rajesh Singh - Complainant(s)

Versus

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

18 Nov 2019

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.875/2011

 

Sh. Rajesh Singh,

S/o Sh. Prakash Singh,

R/o 380, Mangolpur Kalan,

Delhi-85.

                               ….Complainant

Vs.

 

1. The Branch Manager,

          The Oriental Insurance Co. Ltd.,

         City Branch Office-3 (Code-272301)

         88, Janpath Ground Floor,

         New Delhi-01.

 

2. The Head Office,

          The Oriental Insurance Co. Ltd.,

           Oriental House, A-25/27, Asaf Ali Road,

         New Delhi-02.

 Opposite Parties

 

NIPUR CHANDNA, MEMBER

O R D E R

 

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is the owner of vehicle bearing registration No. HR-38K-2091.  The said vehicle was insured with OPs vide Insurance policy No.27230/31/2007/1111 dt. 16.6.2006 upon payment of a sum of Rs.12,792/- for the period from 16.6.2006 to midnight of 16.6.2007.  Due to physical disability, the complainant was not eligible for driving himself, therefore, he had engaged the service of a driver.   On 13.02.2007, the said vehicle was badly damaged in an accident at Kharar, Punjab. An FIR  was lodged with the concerned PS at Kharar vide DD NO.17 dt. 15.2.2007. The vehicle in question was shifted to the company garage i.e. M/s Kem Motors at Kurali.  OP was also informed  about the accident at their local office at Kurali District Mohali, Punjab  and requested for spot survey of the damaged vehicle. After repairing the   vehicle, the above garage issued the bills for an amount of Rs.2,31,515/-, the OPs were requested to release the payment but OPs did not release the payment.  The complainant had regularly following up the said claim with the OPs and complied with all the requisite formalities but OPs kept avoiding to process the claim of the complainant on one pretext or the other.  Complainant sent a legal notice dt. 24.6.2009 to the OPs, thereafter, OPs replied the same and finally repudiated the claim of the complainant vide letter dt.30.7.2009.  Repudiation of the claim of complainant without any reasons tantamount to gross deficiency of services on the part of OPs.  Complainant, therefore, approached this Forum for redressal of his grievance.

2.     Complaint has been contested by both the OPs jointly. OPs denied any deficiency on their  part and stated that the alleged vehicle was being used for the purpose of commercial use, as such the complaint is not maintainable under the provisions of the CP Act. It is stated that there was delay on the part of OP to appoint the surveyor , the information of the accident was provided to the OP after more than three months.  It is also stated that in spite of various letters, complainant was not able to give explanation regarding the delay in intimating the insurance company and for not arranging the spot survey of the vehicle.  It is further stated that the present complaint is barred by limitation as the repudiation of the claim was made in the year 2009 and the present complaint was filed in the year 2011, and prayed  for the dismissal of the complaint on this ground alone.

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

4.     We have heard arguments advance at the Bar and have perused the record.

5.     The accident in question occurred on 13.2.2007. The OP Insurance Co. vide  letter dated 30.7.2009 repudiated the claim of the complainant.  The complainant ought to have file the present complaint within 2 years of the repudiation of the claim.  Perusal of the record shows that the present complaint was filed on 24.08.2011 and cause of action accrued on 30.7.2009 i.e the date of repudiation by the OP.  The complainant has not placed on record any application for condonation of  delay in filing the present complaint.

 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 view of the above discussion and the judgment cited above,  we are of the considered opinion that for all the practical purposes the cause of action for filing the present complaint arose on 30.7.2009, whereas the present complaint was filed on 24.8.2011, 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.

Copy of  the  order  may be forwarded to the parties  to the case

free of cost as statutorily required. File be consigned to Record Room.

 

Announced in open Forum on  18/11/2019.

 

( ARUN KUMAR ARYA )

PRESIDENT

 

                        (NIPUR CHANDNA)                                                 (  H.M. VYAS)

                          MEMBER                                                                MEMBER