Order No. 2                18/11/2022

Ld. Advocate for the complainants is present.

The case is taken up for admission hearing.

Perused and considered the petition of complaint along with annexures thereto.

It appears that the complainant has taken an insurance policy in respect of Vehicle Ashok Leyland Bus No. WB051878 and the period of insurance was from 18.00 hours on 15/03/2019 to mid night of 14/03/2020. The said vehicle met with an accident on 10/08/2019 and accordingly the complainant filed damage claim with the opposite party on 23/08/2019.

Thereafter, the opposite party vide letter dated 14/11/2019 repudiated the claim of the complainant.

Several correspondences were made by the complainant after receiving the repudiation letter dated 14/11/2019  but the opposite party did not pay any heed to it.

The complainant was compelled to file instant case against the opposite party on the prayer mentioned in the complaint petition.

It is crystal clear that  the opposite party has repudiated the claim of the complainant and intimated him vide letter dated 14/11/2019, which was received by the complainant on 22/11/2019 and the case has been filed on 07.11.2022 which is beyond the statutory limitation period of two years from the date of cause of action i.e 22/11/2019.

Complainant has not prayed for condonation of delay in filing of the case.

Therefore, this case is barred by limitation and cannot be admitted.

Hence, it is

                                                                                                O R D E R E D

that  the complaint case be and the same is dismissed in limini without cost.