DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 23 OF 2016
Puspanjali Singh,
W/O- Birbahadur Singh,
RO: Qtr.No.NC-63, TRL Township, Belpahar,
Dist: Jharsuguda, Odisha, Pin-768 218…………….….………………Complainant.
Versus
- Reliance General Insurance Company Ltd,
Represented through its Managing Director,
Regd. Office: 19, Reliance Centre, Watchand Hirachand Marg,
Ballard Estate, Mumbai- 400 001.
- Corporate Office: 570, Naigaum Cross Road,
Next to Royal Industrial Estate, Wadala ( W),
Mumbai- 400 031……………………………...……..…………………..Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri P.R.Singhdeo, Adv. & Associates.
For the Opp. Party No.1 & 2 Shri A.K. Mishra, Adv &. Associates.
Date of Order: 21.02.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K.Ojha, Member.
3. Smt. A.Nanda, Member( W).
Shri S.L.Behera, President : - The brief facts of this complainant’s case is that, the complainant is the registered owner of one Tata Indigo Car bearing No. OR-23-8306, purchased from Sri Sanmugan Arsu of Hydrabad on dtd. 11.2.2011 where the said seller had purchased the said car from M/s. T.R.L on dtd. 16.8.2010. The said car was insured by the O.Ps on dt. 28.2.2011 at Hyderabad. The premium of Rs. 4,482/- was deducted from the Account of complainant from S.B.I Samada Branch. The insurance was valid from 01.03.2011 to 28.2.2012 . The said vehicle met with an accident within insurance period, claimed lodged before the O.Ps and as per the instruction of O.Ps the complainant took her damaged vehicle to authorized Tata Show Room, Sambalpur and there after Shabir Garage, Jharsuguda for repairing purpose. After repairing the complainant claimed for insurance by submitting all the required documents but the O.Ps repudiated the claim on the ground of non submission of D.L. of Ram Kumar. Ram Kumar is the nick name of Driver Rohit Kumar Das who was driving the vehicle at time of accident. Being a lady the complainant was busy in her house hold matter and attending in medical treatments of her elder brothers wife and also transfer of his elder brother Rai Bahadur Singh from M/s. TRL Krosaki , Belpahar to Kolkata of his employment . On the above mentioned repudiation by the O.Ps the complainant filed this case with a prayer for relief by citing the cause of delay taken place .
The O.Ps. Insurance company filed written version admitting the fact of insurance and challenged on maintainability of the case and submitted that the claim was repudiated on dtd. 12.06.2012 and the case was filed on dtd. 18.05.2016 as it is a time barred case. The O.Ps further submitted that the complainant has not deposited the documents of Ram Kumar who was driving the car at the time of accident after several reminders and prayed for dismissal of case.
Heard from the parties, gone through the case record and documents available. The O.Ps did not challenge on the incident of accident held on dtd. 25.02.2012 so also within the period of validity of insurance rather opposed on the maintainability of the case. Due to non-depositing of Driving License of one Ram Kumar who was driving the said vehicle at the time of insured vehicle the O.Ps repudiated the insurance claim by issuing a notice dtd. 12.06.2012 providing 10 days period for submission of relevant documents. The complainant could not turn up and the claim was repudiated.
As the case has been filed after the period of limitation of two years from the date of repudiation of insurance claim as per provision of the Consumer Protection Act 1986 we are in considered opinion to dismiss the case with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 21st day of February, 2017 copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree
.
S.K.Ojha, Member. Smt. A. Nanda, Member (W) S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
