19.7.2016

Present       

For the complainant         Sh. Bikram Arora Advocate

1        Heard on admission. Harbhal Singh complainant filed the present complaint under Section 12 and 13of the Consumer Protection Act 1986 against the Branch Manager Oriental Insurance Company Ltd. Tarn Taran etc. on the allegations of deficiency in service and negligence with further prayer to direct the opposite parties to pay claimed amount of Rs. 4,50,000/- alongwith compensation and litigation charges.

2        The case of the complainant in brief is that he is owner of vehicle Tata Truck bearing registration No. PB05-S-8952  which he got insured with the opposite parties on 26.6.2012 but unfortunately the truck was stolen on 4.12.2012 and FIR No. 165 dated 15.12.2012 was registered; that later on challan was filed when the stolen truck was not traced and later on the untraceable report was accepted by the Ld. Ilaqa Magistrate vide order dated 6.6.2015; that complainant intimated the opposite parties on the day of theft and also filed all the documents except untraceable report for taking claim but claim was not given inspite of repeated requests and visits and then complainant served a legal notice to the opposite parties on 18.5.2016 but the same was not replied. Hence, complaint was filed.  

3        Ld. counsel for complainant contended that the cause of action arose to complainant on the day when untraceable report was accepted by the Ld. Ilaqa Magistrate on 6.6.2015 and as such complaint is within limitation. However, this Forum does not agree with the Ld. counsel for the complainant. The truck was insured on 26.6.2012 and it was stolen on 4.12.2012. As such the cause of action arose to the complainant on 4.12.2012 when the truck was stolen. Once cause of action starts running then it does not stop. The limitation for filing the complaint under the Consumer Protection Act is 2 years from the date when the case of action arise to the complainant. The contention of the complainant is that the cause of action arose to the complainant on 6.6.2015 when the Ld. Ilaqa Magistrate accepted the untraceable report. However, the acceptance of untraceable report by the Ld. Ilaqa Magistrate does not extend the period of limitation which is already running nor it gives fresh cause of action. As such, complaint is barred by time and is not maintainable.

4        In the light of above discussion, the complaint is rejected being not maintainable as the same is barred by time. Copy or order be supplied to the complainant free of costs. File be consigned to record room.

Pronounced in Open Forum

19.7.2016

                             (Jaswinder Kaur)                   (A.K. Mehta)

                                    Member                                   President