20.07.2018

ORDERS

1. This complaint is filed for a direction to the opposite party to pay a policy amount of Rs.4,00,000/- with interest, compensation and other reliefs.
2. At the time of admission, this Forum heard the advocate for complainant relating to limitation.  The advocate for complainant submits that the one Abhinanda S/o present complainant got insured himself with opposite party for Rs.4,00,000/- and nominated the complainant as nominee.  The policy was inforce from 30.03.2013. 
3. On 09.03.2014, the said Abhinanda met with an accident while he was travelling in Maruthi Car and died at the spot.  The complainant has intimated the death claim on 11.04.2014.  Subsequently, the records are produced to the opposite party on 24.05.2014.  So far, the opposite party did not settle the insurance claim. Thereby, a legal notice was issued on 22.02.2018 and filed this complaint for non-compliance of the demand in the notice.
4. It is further submitted that on 28.03.2013 the policy started, the cause for the said complaint started on that day, again on 09.03.2014 date of accident, 07.04.2015 and on 22.02.2018, the date on which legal notice was sent to the opposite party.
5. From the pleadings and arguments of the advocate for complainant, it is clear that cause for this complaint started immediately on the death of Abhinanda on 09.03.2014, subsequently as per pleadings in para 3 of complaint, on  24.05.2014 and on 07.04.2015, the complainant has submitted all the required documents to the opposite party.  But, the opposite party has not settled the claim.  Thereby, a legal notice was sent on 22.02.2018.  But, there is gap of nearly 3 years from 07.04.2015 even to issue notice to the opposite party.  There is no explanation, why there is delay in filing the complaint beyond 2 years as per the provision of section 24 of C.P.Act.  The learned counsel for the complainant submits that the last date of cause of action is the date of legal notice i.e. on 22.02.2018 and subsequent reply issued by the opposite party.  But, such submission of the advocate for opposite party cannot be accepted since when they have made claim on 11.04.2014 itself and subsequently on 24.05.2014 and 07.04.2015 when the required documents and submitted the opposite party has not settled the claim.  But, what made the complainant not to file complaint well within the 2 years from 07.04.2015 is not explained in any way and the date of legal notice cannot be termed as a date of cause of action.  Thereby, the present complaint is filed beyond 2 years and it is barred by limitation, on this core, the complaint is to be dismissed.   Hence, the following

:: ORDER ::

1. The complaint is dismissed as barred by limitation.
2. Given a copy of this order as per rules.