NCDRC

NCDRC

RP/1168/2010

BIBHA SHAHI - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

MR. ANJAN CHAKRABORTY & ARVIND KUMAR

19 Apr 2010

ORDER

Date of Filing: 22 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1168/2010
(Against the Order dated 13/11/2009 in Appeal No. 352/2006 of the State Commission Bihar)
1. BIBHA SHAHIShahi Gas Agency, Kaliasthan RoadGopalganjBihar ...........Appellant(s)

Vs.
1. ORIENTAL INSURANCE CO. LTD.Through Manager, Regional Office, PirmuhaniPatnaBihar ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. ANJAN CHAKRABORTY & ARVIND KUMAR
For the Respondent :NEMO

Dated : 19 Apr 2010
ORDER

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          Petitioner got his godown insured with the respondent.  Theft allegedly took place on 5.4.1994 and as per FIR, 219 gas cylinders were stolen.  Police, after investigation, came to the conclusion that there was no theft.  Report was submitted before the concerned Chief Judicial Magistrate, which accepted the same.  Respondent repudiated the claim of the petitioner on 25.6.1998.  Complaint was filed before the District Forum on 4.12.2002, i.e., after delay of more than 4 years.  District Forum allowed the complaint, aggrieved against which the respondent filed an appeal, which has been allowed by the State Commission by the impugned order.  State Commission has held that complaint was filed beyond the period of limitation. 

We agree with the view taken by the State Commission.  Under Section 24 of the Consumer Protection Act, complaint can be filed within 2 years of the arising of the cause of action.  In this case, the claim was repudiated on 25.6.1998 and the complaint was filed on 4.12.2002, after a delay of more than 4 years.  No application for condonation of delay was filed.  Supreme Court as well as this Commission has held in number of cases that any complaint filed beyond the period of limitation cannot be entertained.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER