Delhi

West Delhi

CC/15/635

AMRENDRA KUMAR - Complainant(s)

Versus

NATIONAL INSURANCE - Opp.Party(s)

24 Jan 2017

ORDER

                                             CC-635/15                              D.O.O- 24.01.2017

Present :-           Shri KK Singh Advocate for complainant.

                     Ms. Anchal Dhingra Advocate for Ops.

This order shall dispose of application of the complainant filed for condonation of delay in filing the complaint.

          Arguments on the application heard.

          The brief facts necessary for disposal of the application are that on 08.12.2008 vehicle bearing registration no. H-55-GT-8768 insured with opposite parties vide policy no. 361801/31/08/6300011484 from 22.11.2008 to  21.11.2009 was stolen from Noida. The matter was reported to the police vide FIR no. 1644/2008. The police submitted untrace report before the illaqa    Magistrate. He allowed the untrace report. The complainant submitted claim with the opposite parties. The opposite parties did not pay any compensation. Hence the present complaint with application for condonation of delay.

          The complaint as well as application for condonation for delay is opposed by the opposite parties by filing written statement and reply of the application.

          We have heard learned counsel for the parties and have gone through the material on record carefully and thoroughly.

          The complainant has placed on record copy of order dated 30.07.2009  passed by learned C.J.M. Gautam Budh Nagar, U.P. Vide which the untrace report was allowed. The complainant has also placed on record untrace report, insurance policy and some offer documents.

          Admittedly the vehicle was stolen on 08.12.2008. The untrace report was accepted by the learned C.J.M. Gautam Budh Nagar, U.P. on 30.07.2009. Cause of action arose on 08.12.2008 on date of theft of the vehicle and on 31.07.2009 date of acceptance of untrace report by the learned C.J.M. Gautam Budh Nagar, U.P. The complainant has not disclosed date of filing claim with opposite parties. He has also not disclosed date of rejection of claim. He has also not disclosed his visit to opposite parties for settlement of claim.

          According to Section- 24A to the Consumer Protection Act, 1986 limitation for filing complaint is two years from date of cause of action. Cause of action firstly arose on 08.12.2008 date of FIR  and secondly on 31.07.2009 date of acceptance of untrace report by learned C.J.M. Gautam Budh Nagar, U.P. The complaint could be filed witin two years 31.07.2009. But the complaint is filed on 10.09.2015 after lapse of period of more than 6 years. From 31.07.2009  there is no dispute that delay in filing complaint can be condoned on reasonable and sufficient grounds. But in the case in hand the complainant has not given any ground what to speak of reasonable or sufficient ground for condonation of delay. Therefore, there is no ground for condonation to delay in filing the complaint.

          Resultantly, there is no merit in the application. Therefore, the application for condonation of delay is without any merit and hereby dismissed.

          Hence the complaint is beyond limitation. Hence the complaint is also dismissed being beyond limitation.

          Copy of order be given to the concerned parties and file be consigned to record.

           

                   

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(PUNEET LAMBA)                                      (URMILA GUPTA)                                      ( R.S.  BAGRI )

     MEMBER                                                      MEMBER                                                   PRESIDENT

    24.01.2017                                                     24.01.2017                                                       24.01.2017