District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 337/2021
Date of Institution: 15.07.2021.
Date of Order:12.05.2023
Jaiveer, aged 38 years S/o Shri Richpal r/p Village Pali, Dholiya Mohalla, District Faridabad, Adhar No. 6776 2665 4719 Mobile No. 9711777978.
…….Complainant……..
Versus
Shriram General Insurance Co. ltd., 8-431-432, Opp. Escorts Hospital, Nehru Ground, Neelam Bata Road, Faridabad – 121001 through its M.D./A.R./P.O.
…Opposite party
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Bhisham Narayan , counsel for the complainant.
Sh. Rakesh Dabaas , counsel for opposite party.
ORDER:
Today the case was fixed for consideration on the application
for the dismissal of the complaint being not maintainable for want of limitation as envisaged under Consumer Protection Act, 2019 stating the complainant had intimated he applicant – insurance company on 03.05.2017 with regards to alleged theft of insured Dumper No. HR-38T-7978 occurred on 02.05.2017 with the area of P.S. Vasant Vihar, South Delhi. In furtherance of the said intimation the complainant had submitted claim form too as to such claim to the opposite party – insurance company. During the process of the claim, the complainant had violated the terms & conditions of the insurance policy by not supplying the requisite documents so mentioned in the “No claim Letter dated 23.10.2017 to the insurance company, so as to process the claim, despite numerous correspondence at the end of the insurance company, thus the insurance company, in compelling circumstances, had arrived at the decision in closing such claim vide final closure letter dated 23.10.2017 in continuation of previous letters & reminders thereto dated 08.05.2017, 07.06.2017, 19.07.2017, 08.08.2017, 24.08.2017, 15.09.2017 & 05.10.2017. In view of the claim closure letter dated 23.10.2017 and filing of the present matter on 15.07.2021 at the end of the complainant before this Hon’ble commission, the present complaint is barred by limitation and prayed for dismissal of the complaint of the complainant.
On the other hand, reply to application filed and submitted that all the demanded documents was submitted by the complainant within stipulated period and the application – opposite party has closed the claim not repudiated the claim and the complainant many times requested to the applicant-opposite party but they did not pass the claim of the complainant.. It was submitted that no closing letter was received by the complainant any point of time although the applicant – opposite party has closed the claim of the complainant but not repudiated till toady, hence the cause of action of complainant is still going on.
2. As per dictum of Section 69 of Consumer Protection Act, the District Commission is empowered to admit a complaint within two years from the date on
which the cause of action has arisen. The present complaint is time barred under Limitation Act as the date of occurrence is 23.10.2017 and date of filing of complaint 15.07.2021 after expiry of four years.
3. Resultantly, the application filed by opposite party for dismissal of the complaint is allowed and the main complaint is dismissed. Copy of this order be given to the parties concerned free of costs and file be consigned to the record room.
Announced on : 12.05.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
