Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

None present for appellant and respondent. Adv. Mr R C Chaumwal used to appear for appellant and Adv. Mr A K Somani used to appear for respondent. But today they are absent.

1.      Appellant is a cooperative society of Risod, Dist. Washim who had filed consumer complaint bearing No.93/2007 against the Branch Manager, National Insurance Co Ltd. on the ground that deceased Sunil Uttamrao Jadhav was the loanee member of the appellant society.  He died on 28.05.2005 in an accident.  Appellant society had taken Janata Personal Accident policy of `1.00 Lac for its member vide policy No.270605 / 47 / 05 / 9600000161/C.N. 29.  After the death of said S Jadhav, Society had submitted the claim papers on 01.08.2005 to o.p.  O.p. however, repudiated the claim by sending repudiation letter dtd.05.11.2007.  Therefore, Society filed consumer complaint for claiming insured amount of `1.00 lac and prayed for bonus, interest on the said amount and `25,000/- by way of compensation.

2.      O.p. filed written statement and denied that S Jadhav had been given JPA policy.  O.p. pleaded that the cheque given to Washim Urban Co-op. Bank, Risod for DD  on 24.05.2005 was also suspicious and manipulated and pleaded that these acts were fabricated after the death of S Jadhav in accident.  O.p. pleaded that cause of action to the complaint arose on 28.05.2005 but it pleaded that complainant has not come with clean hands.  Complainant had not approached the o.p. immediately after the death of S Jadhav.  He had not given requisite documents and when accident of S Jadhav – loanee took place, on that date said policy was not in existence. He died on 28.05.2005 and they received the proposal Form on 30.05.2005 and premium was received by DD on 31.05.2005.  Therefore, o.p. pleaded that they have rightly repudiated the claim and complaint is liable to be dismissed. It is also pleaded that the complaint is filed beyond the period of limitation.

4.      The Forum below on considering rival contentions, held that the complaint was barred by limitation because S Jadhav died on 28.05.2005 and complaint should have been filed within two years from the said date because the death of insured of beneficiary of the insurance policy gives cause of action for filing consumer complaint.  In the instant case, S Jadhav died on 28.05.2005 and consumer complaint came to be filed on 18.08.2007 i.e. three months after a period of limitation. Complaint was also not accompanied with delay condonation application.  On that ground the complaint was dismissed.

5.      Moreover, the Forum below also noted in its order that complainant society had no authority to ask for insurance claim. The society cannot file consumer complaint on behalf of deceased S Jadhav. The complaint should have been filed by widow of the deceased and not by complainant – Society. 

6.      The Forum below also noted that the on the date of accident S Jadhav was not insured. The policy proposal form of S Jadhav was received by them only 30.05.2005 alongwith premium by DD, which was encashed on 31.05.2005. At that time the policy was not in force to give benefit of policy to the legal heirs of deceased.

7.      For all these reasons the Forum below dismissed the complaint. Thesaidorder is just and proper and sustainable in law.  We are finding no merits in appeal, preferred by original complainant Society. In the circumstances, we pass the following order:-

ORDER

1.      Appeal stands dismissed.

2.      No order as to costs.

3.      Inform the parties accordingly.

          Pronounced on 25.04.2011.

sj