Punjab

Ludhiana

CC/23/376

M/s Cosmas Pharma - Complainant(s)

Versus

National Insurance Co. - Opp.Party(s)

Ajay chawla Adv

01 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:376 dated 05.09.2023.                                                         Date of decision: 01.03.2024.

 

M/s. Cosmas Pharmacls Ltd., having its Registered Office at Village Gaunspura, P.O. Noorpur Bet, Humbran, Ludhiana-141001 through its authorized representative Sh. Sanjay Jain, Director of the Company.

….. Complainant

                                                         Versus

1. National Insurance Co. Ltd., having its Regional Office at Grand Walk, 4^th Floor, Ferozepur Road, Ludhiana.
2. National Insurance Co. Ltd., having its Branch Office at IV 38, Feroze Gandhi Market, Ludhiana.

…..Opposite parties 

Complaint Under section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Ajay Chawla, Advocate.

For OPs                          :         Sh. R.K. Chand, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                The complainant has invoked the jurisdiction of this Commission with a view to raise consumer dispute qua non-settlement of an insurance claim regarding incident of burglary that took place in the intervening night of 09/10.12.2017 in the area of Village Kotla, Buranwala Road, P.O. Barotiwala, District Solan (H.P.) and has prayed for issuing directions to the OPs for payment of claim of Rs.63,83,492.70 with interest and compensation.

2.                Along with the complaint, the complainant has filed an application U/s.69 (2) of the Consumer Protection Act, 2019 for condonation of delay by claiming that burglary in its factory premises took place in the intervening night of 09/10.12.2017 and FIR No.148 dated 10.12.2017 U/s.457, 380, 34 IPC was registered at P.S. Barotiwala, District Baddi. The complainant claimed to have lodged claim with the OPs who sent final reminder dated 19.07.2019 demanding some documents failing which the claim will be treated as ‘No Claim’ and as such, cause of action to file present complaint arose on 19.07.2019. The complainant further stated that during the period, its Chartered Accountant Mr. Ranjit Vij expired on 10.05.2020 due to ill health and as such, the complainant company could not file IT returns of the company. Further in March, 2020 due to Covid-19 Pandemic representative of complainant company was unable to meet their advocates and even the process of filing ITRs and providing the same to the OPs could not be competed. However, vide letter dated 13.08.2022, the complainant company supplied the ITRs to the OPs which they received on 23.08.2022. Even the Covid-19 Pandemic situation remained till February 2022 due to which the complainant could not seek legal advice which delayed in filing the complaint which is neither intentional nor willful. Hence the delay in filing the complaint prayed to be condoned due to said circumstances. The application is supported by an affidavit.

3.                Notice of application was given to the OPs. Sh. R.K. Chand, Advocate appeared on behalf of the OPs and filed reply to application by taking preliminary objections on the ground of maintainability of the complaint being hopelessly time bared as there is delay of more than 4 years in filing the complaint. The complaint has been filed beyond limitation as limitation of filing complaint was to start in the year 2018. The OPs averred that they had sent number of reminders to the complainant before letter dated 19.07.2019 but the complainant failed to comply with the letters and failed to supply the requisite documents. The explanation of delay in filing the complaint due to Covid-19 Pandemic situation is totally vague and is not sufficient reason and cause for not filing the complaint within period of limitation. The OPs further averred that as per the complaint, cause of action has arisen to file the complaint on 19.07.2019 but same has been filed on 05.09.2023 i.e. after 4 years 1 month and 17 days and same cannot be condoned.

                   On merits, the OPs admitted the fact of lodging of claim by the complainant with them and also admitted the issuance of final reminder dated 19.07.2019. The OPs stated that the complainant has not produced any record to prove the fact that Mr. Ranjit Vij was their accountant and further has failed to prove the fact regarding salary paid to said accountant. Even no medical record of Mr. Ranjit Vij regarding his ill heath and death has been produced and as such, it cannot be considered a ground as delay in filing the complaint. In the end, the application has been prayed to be dismissed with heavy costs.

4.                We have heard the counsel for the parties. Further we have pursued the contents of the complaint and documents etc.

5.                In order to decide the application for condonation of delay, appreciation of facts is desirable. The facts and circumstances that emerges on the record is that the complainant firm was a holder of insurance policy Ex. C2. In the intervening night of 09/10.12.2017, an incident of burglary took place in the factory premises situated at Village Kotla, Buranwala Road, P.O. Barotiwala, District Solan (H.P.). An FIR No.148 dated 10.12.2017 U/s.457, 380, 34 IPC was registered at P.S. Barotiwala, District Baddi against unknown persons. The complainant firm vide Burglary Claim Form Ex. C3 lodged a claim on 11.12.2017. On receipt of intimation, a surveyor(s) was appointed and deficiency letters dated  22.08.2018 (Ex. C17), 18.12.2018 (Ex. C21) , 15.05.2019 (Ex. C15), 19.07.2019 (Ex. C16) were written to the complainant calling upon the complainant to provide the requisitioned record. Due to non-receipt of the documents, show cause notice dated 02.05.2019 (Ex. C11) was issued and vide letter dated 15.05.2019 (Ex. C15), the claim was deemed as “No Claim” and finally on 19.07.2019 vide letter Ex. C16, considering non-inclination of the complainant to pursue his claim, the OPs treated it as “No Claim”. The complainant has also produced on record trail of letters and Emails that exchanged between the complainant and the officials of the OPs.

6.                The complainant is seeking condonation of delay merely on the ground that Chartered Accountant Mr. Ranjit Vij remained critically ill and when the claim process was being carried out and he finally expired on 10.05.2020. So the complainant could not supply the desired documents to the OPs. Letter head of the complainant  Ex. C1 shows that the complainant company claims to have one registered office at Ludhiana, branch office at Panchkulla (Haryana) and factory premises in village Kotla, Buranwala Road, P.O. Barotiwala, Distt. Solan (H.P). All these premises are situated in three different States i.e. Punjab, Haryana and Himachal Pradesh and the complainant firm failed to point out the exact location of the office of Chartered Accountant Mr. Ranjit Vij. The complainant has also not placed on record the medical record and death certificate of Mr. Ranjit Vij. Perusal of letters and Emails shows that the contentions with regard to non-availability of record due to ill health or death of Chartered Accountant was not ever raised by the complainant. Generally, office of Chartered Account is run by a support staff attached with the CA and as such, the contentions with regard to CA are without any substance. Further complainant has raised issue with regard to effect of Covid-19 Pandemic situation which prevented him from seeking any legal advice. The said contention is also devoid of any merits as the essential services were in operation and even non-essential services were transacting its business through online.

7.                The cause of action in the present case, firstly arose on 19.07.2019 when the claim of the complainant was closed vide letter Ex. C16. The complainant could have filed the present complaint within 2 years from the said date and the present complaint-has-been filed on 05.09.2023. There is a delay of 4 years 1 month 17 days in filing the present complaint. Section 69(2) of the Consumer Protection Act, 2019 is reproduced as under:-

“69 (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub- section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.”

So the complainant has failed to show sufficient cause for condonation of ordinary delay in filing the present complaint. Hence the application U/s.69(2) of Consumer Protection Act, 2019 for condonation of delay is hereby dismissed at admission stage itself.

8.                As a result of above discussion, the application for condonation of delay as well as complaint are dismissed at admission stage itself. Copies of order be supplied to complainant free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)                                       (Sanjeev Batra)

Member                                                     President    

 

Announced in Open Commission.

Dated:01.03.2024.

Gobind Ram.