Ms. Nipur Chandna, Member

1. In brief facts of the present case are that complainant is the owner of the vehicle bearing no. DL8CAX2462 duly insured with OP Ins. Co. vide policy bearing no. 39030031181142915181 w.e.f. 22.01.2019 to 20.01.2020.

2. On 15.11.2019, vehicle in question got stolen from Gandhi Vihar, Delhi. Complainant immediately filed the complaint with police at P.S Timarpur and consequently an FIR bearing no. 040438 dated 16.11.2019 was registered. The complainant approached OP Ins. Co. in respect to the theft claim in question.

3. It is alleged by the complainant that despite repeated request and follow up OP co. does not consider his claim. The complainant also sent legal notice dated 27.09.2023  thereby calling upon the OP to settle the claim. Despite service of notice no reply has been filed by OP neither OP complied the same. Being aggrieved by the conduct of OP complainant approached this Commission for redressal of his grievance.

4. The present complaint case is at admission stage. We have heard arguments advance at the bar by Ld. Counsel for complainant. Ms. Ritu and have perused the record.

5. It is submitted by ld. Counsel for complainant that since the OP Ins. Co. has not release the claim amount the cause of action for filing the present complaint is continuing and present complaint is well within limitation.

6. Before adverting to the disposal of the present complaint case let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.

As per section 69 of Consumer Protection Act, 2019: -

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 Commission , 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, as the case may be records its reason form condoning such delay.

7. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.

8. Admittedly, the complainant has insured the vehicle in question with OP Ins. Co. for the period from 22.01.2019 to 21.01.2020. On 15.11.2019, the vehicle in question got stolen and as such the FIR bearing no. 040438 dated 16.11.2019 was registered at P.S Timarpur, Delhi. The complainant has failed to place on record any documentary evidence as to when and by which mode he had given the intimation of the theft to OP Ins. Co. and have lodged the claim with it, hence, in the absence of documentary evidence we have no other option but to accept that the substantive cause of action for filing the present complaint arose on 15.11.2019 i.e. the date of theft. Complainant ought to have file the present complaint within 2 years of the accrual of cause of action i.e. November, 2021. The complainant approached this Commission and filed the present complaint on 05.03.2024 i.e. after 2 years and 3 months of the accrual of the substantive cause of action for filing the present complaint. The complainant ought to have file the present complaint within two years of the accrual of cause of action but the complainant failed to do so.

9. In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose  on 15.11.2019 i.e. the date of theft, the complainant ought to have file the present complaint within two year of the accrual of cause of action. The complainant has filed the present complaint on 05.03.2024 i.e. after 2 years and 3 months, the present complaint is therefore barred by limitation, hence, dismissed.

10. File be consigned to record room.

11. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  27.03.2024.

SANJAY KUMAR                     NIPUR CHANDNA               RAJESH

       PRESIDENT                             MEMBER                        MEMBER