Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 382

                                                                   Instituted on     : 05.07.2022

                                                                   Decided on       : 06.07.2022

Anil Rathi s/o Sh. Balwan Singh R/o House no.1213/21, Gali no.9, Prem Nagar, Rohtak.

                                                                   ......................Complainant.

                                      Vs.

1. SBI General Insurance Company Limited Chottu Ram Chowk Anand Plaza, 2^nd Floor, Civil Road, Rohtak, Haryana-124001.
2. SBI Gaeneral Insurance Company Limited Chottu Ram Chowk Anand Plaza, 9th Floor, A & B Wind Fulcrum Building Sahar Road Andheri(East) Mumbai-4000099. 

                                                                   ...........…….Opposite parties.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. SHYAM LAL, MEMBER

Present:       Sh.Harsh Bhargava, Advocate for the complainant.

                   Complaint received after registration. Admitted. The point of limitation is involved. In the present case, the theft of vehicle was made on  05.03.2014. FIR was lodged on 06.03.2014 u/s 379 IPC P.S.City Rohtak. The complainant has submitted that he sought some information under RTI which was received on 15.03.2022. Untraced report issued by Sh. Yogesh Chaudhary,  Presiding Officer, Lok Adalat on 22.04.2018 . The perusal of the file itself shows that a legal notice has been sent to the respondents SBI Gen. Ins. Co. Ltd. on 11.04.2022. The complaint has been filed by the complainant on 05.07.2022.

                   The cause of action firstly arose on date of theft i.e. on 05.03.2014. Thereafter neither the complainant moved an application for settlement of claim with the respondent insurance company nor the insurance company wrote any letter to the complainant. No such document has been placed on record.  Merely an application for condonation of delay has been placed on record but we find that cause of action firstly arose on 06.03.2014. The limitation is for 2 years i.e. upto 06.03.2016. Thereafter no correspondence took place between the parties. As such the complaint is highly time barred and is hereby dismissed at this initial stage.

                   Copy of this order be supplied to the complainant free of cost.

                   File be consigned to the record room after due compliance.

Member                          Member                          President/06.07.2022.