Delhi

StateCommission

FA/479/2014

R.C. SHARMA - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

10 Jul 2014

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. FA/479/2014
(Arisen out of Order Dated 02/04/2014 in Case No. of District Central Delhi)
 
1. R.C. SHARMA
R/O 939,VIKASH KUNJ,VIKASH PURI NEW DELHI-110005
...........Appellant(s)
Versus
1. NEW INDIA ASSURANCE CO. LTD.
122-124 MODEL BASTI ,110092
...........Respondent(s)
 
BEFORE: 
 HONABLE MRS. Salma Noor PRESIDING MEMBER
 HON'ABLE MR. JUSTICE N.P KAUSHIK MEMBER
 
For the Appellant:
For the Respondent:
ORDER

 

                       Date of Decision:   10.07.2014

                                                            

First Appeal No. - 479/2014

(Arising from the order dated 02.04.2014 passed by District Forum(Central), ISBT Kashmere Gate in Complaint Case No. 25/2013)

 

Shri R.C. Sharma,

R/o 939, Vikas Kunj,

Vikaspuri,

New Delhi-110018.

 

 

 

 

            

…………… Appellant

 

 

 

 

Vs

 

The New India Assurance Co.Ltd., Branch Office: 320103,

122-124, Model Basti,

Delhi-110005.

 

Also at:

The New India Assurance Co. Ltd., Delhi Regional Office-II,

Non-motor Club Hub,

10th Floor, Core-1,

Scope Minar,

Laxmi Nagar Distt. Centre,

Delhi-110092.

 

 

 

 

 ……….. Respondent

 

 

 

 

Coram

SalmaNoor,PresidingMember

 

N P Kaushik,Member(Judicial)

 

 

 

1.

Whether reporters of local newspaper be allowed to see the judgment? 

2.

To be referred to the reporter or not?

 

N P Kaushik, Member (Judicial)  

    
                                          

 

  1. We have heard Shri G.S. Singh, Counsel for the Appellant.
  2. Present appeal is directed against the order dated 2.4.2014 passed by the District Forum (Central), ISBT Kashmere Gate, Delhi.  In brief, the wife of the Appellant had gone to Har Ki Pauri, Haridwar for a bath on 29.01.2010.  Before entering the ganges waters, she kept her jewellery in a towel and left it at the Ghat.  After taking bath, she found the same missing.  She lodged her claim with the Respondent i.e. New India Assurance Co. Ltd. only on 26.2.2010.  As per terms and conditions of the policy, the Complainant was required to submit her claim within a period of 14 days after the loss.  Admittedly the claim has been preferred after the expiry of the period of limitation of 14 days.  Ld. District Forum dismissed the complaint on the grounds that the claim was lodged after the expiry of the period of limitation of 14 days from the date of incident.  No explanation whatsoever for the delay in lodging the claim has been given either in the complaint or in the present appeal.  For these reasons, we are of the view that the appeal is not maintainable.  The same is hence dismissed in limine.
  3. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
  4. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.

 

 

       

 

 

 
 
[HONABLE MRS. Salma Noor]
PRESIDING MEMBER
 
[HON'ABLE MR. JUSTICE N.P KAUSHIK]
MEMBER

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