Delhi

New Delhi

CC/818/2014

Rajinder Kumar Aneja - Complainant(s)

Versus

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

21 Aug 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.818/2014

 

Sh. Rajinder Kumar Aneja,

Prop. of M/s Laj Exports,

Head Office : 151, Near RCCE Public School,

Chandan Hulla, Chattarpur Mandir Road,

New Delhi-110074.

…..Complainant

Vs.

 

1. The Oriental Insurance Co Ltd.,

        Through Chief Manager/Manager,

      12, Shaheed Bhagat Singh Marg, New Delhi-110001.

 

2. The Oriental Insurance Co Ltd.,

       Through DGM/Chief Manager/Manager,

       Hansalaya Building,

       15, Barakhamba Road, New Delhi-110001.

….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 applied with HDFC Bank for the loan and after approval of the same, he purchased a car named as TATA Indica registration No.DL8CM7982, Chasis No.MAT605143APH60419 & Engine No.475IDT20HZYP65528.  The said car was insured under hypothecation by the OP vide cover note/policy No.126163 for the period from 4.11.2010 to 3.11.2011 issued from OP-1.  On 5.7.2011 at 10.00 a.m., the car was parked outside the factory of the complainant and when the complainant went out in the night  going for the home, he found that the vehicle was missing from the place where it was parked. The complainant tried his level best to locate the car but all in vain,  FIR bearing No.618 dated 7.7.2011 was lodged with P.S. Gautam Budh Nagar, Noida and also informed the OPs regarding the theft of car on 26.2.2011. The complainant filed the claim form and all the documents vide letter dt. 19.12.2011  to the OP for settling the claim but the OP Insurance Co. had not settled his genuine claim till date. The complainant send various letters/reminders to the OP Co. and also lodge a complaint  with Insurance  Ombudsman for taking appropriate legal action against the OP but  of no avail.  Complainant, therefore approached this Forum for redressal of  his grievance

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 5.7.2011 and claim was filed in the month of October/November 2014 which is beyond the time period prescribed u/s 24A of CP Act.  It is also stated that there is a delay of 2 days in filing FIR pertaining to the theft of car in question. OP stated that the alleged vehicle was got stolen on 5.7.2011 and intimation of theft was given to OP Co. after gap of  06 days of theft. It is also stated that the insured has failed to submit the necessary documents to the insurer and failed to explain the quarries of the OP. Insurance is a contract between the insured and insurer and both the parties are bound by the terms contained therein and the complainant has violated the terms and conditions  of the policy, therefore, the claim of the complainant was rightly repudiated.

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. 29.2.2012. 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. 29.2.2012, which he failed to do so.  The complainant filed the present complaint on 13.12.2014 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 29.2.2012,  the present complaint was filed on 13/12/2014.  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 21/08/2019.

      (ARUN KUMAR ARYA)

  PRESIDENT

                                         (NIPUR CHANDNA)                                                 (H.M. VYAS)

                                             MEMBER                                                                MEMBER