Karnataka

Bangalore 4th Additional

CC/10/1661

M.K.Mohandas - Complainant(s)

Versus

National Insurance Company Ltd - Opp.Party(s)

Sri.Kemparaju

10 Aug 2010

ORDER


BEFORE THE IV ADDITIONAL DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM, BANGALORE URBAN,Ph:22352624
No:8, 7th floor, Sahakara bhavan, Cunningham road, Bangalore- 560052.
consumer case(CC) No. CC/10/1661

M.K.Mohandas
...........Appellant(s)

Vs.

National Insurance Company Ltd
2.Karnataka State Finance Corporation
3.The Reasonal Office New Inida Assurance Company Ltd
4.The Branch Manager Oriental Company Ltd
...........Respondent(s)


BEFORE:
1. Anita Shivakumar. K 2. Ganganarsaiah 3. Sri D.Krishnappa

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Order regarding admission This is a complaint filed by the complainant against the Ops claiming to had obtained a loan from second Op for running an Industry in the year 1994 and that industry including building and machinery were insured in the year 1995 with Op No.1. That there had been a fire accident on 10/12/1999 in which machineries were burnt and entire stock was also burnt, resulting in heavy loss to the complainant. Then the complainant had made a claim with the insurance company who are other Ops, on 13/12/1999 but the insurance companies have not paid the insurance amount to them and therefore, the complainant has prayed for awarding damages of Rs.5,53,000/- by way of settling the claim and to award damages of Rs.14,47,000/- with interest and costs. As evident from this contention, the transaction is of year 1995 where the complainant industry and stock in industry were insured with the Ops Insurance Company and claim was made in the year 1999 itself and if the insurance company had repudiated the claim. Limitation for filing a complaint before this forum had started within two years from the date of the repudiation. The complainant has produced a copy of a letter sent by Op No.1 to him in which the insurance company has categorically stated that in order to consider the claim of the complainant, the complainant had to produce certain documents and therefore gave a final notice informing the complainant to produce documents and failing to comply with the requirements within 7 days from the date of receipt of that letter that shall be assumed that the complainant do not wish to pursue the claim and they will treat the claim ‘as no claim’ and close the file. After this, the complainant stated to had addressed a letter to the Divisional Manager of first Op on 12/09/2000. Thereafter did not pursue the matter until he addressed a letter to the Manager of first Op date 23/11/2009 for settling the claim. Thus it is manifest from the letter of the first Op date 30/08/2000 after expiry of 7 days time given to the complainant to produce the document when documents were not produced the claim of the complainant assumed to have been closed and also closed the file. Therefore, after 7 days after receipt of that letter as the complainant did not claim the claim come to an end? But the complainant keeping quite since from the year 2000 has now filed the complaint in the year 2010 which is barred by limitation. As such, complaint cannot be entertained and the same is dismissed at the stage of admission. MEMBER MEMBER PRESIDENT




......................Anita Shivakumar. K
......................Ganganarsaiah
......................Sri D.Krishnappa