West Bengal

Paschim Midnapore

CC/87/2015

Suvra Chakraborty - Complainant(s)

Versus

The Branch Manager, Tata AIA Life Insurance Co.Ltd. - Opp.Party(s)

06 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint Case No.87/2015

 

Suvra Chakraborty…………….………Complainant

Versus

                 TATA AIA LIC Ltd…………………….Opp. Parties.

 

          Order No.2                                                                                                                                              Dated : 06/08/2015

                               

                    Complainant files hazira. The case record is taken up for admission hearing. Perused the case record. Hd. the Ld. Lawyer for the complainant. Considered. It is the case of the complainant that the complainant invested money under policy No.C203155189 dated 03/06/2012 with the Insurance Company and he used to pay premium  regularly and as such he became as bona-fide consumer of the OP. As per scheme 6 years of depositing money, the complainant will receive same amount per year as annual premium through cheque. The OP did not pay any amount through cheque for the year 2012 and the complainant on served times made correspondence with the OP and therefore, Op disclosed that the OP has sent a cheque being No.786800 dated 21/08/2012 of Rs.3,250/- payable to UBI A/c, in the name of Suvra Chakraborty, but that Suvra Chakraborty is not the complainant in as much as she has no  account in U.B.I., Midnapore and she, therefore, has not received any such amount. After knowing the same, the complainant made application before the OP on 07/02/2013 and 14/03/2013 intimating them that the petitioner has no account in UBI. OP did not pay any heed to such representation and therefore the petitioner sent a Lawyer’s notice dated 04/06/2015. Since no action has been taken by the OP, so, the present complaint has been filed. It thus, appears that the cause of action arose on 21/08/2012 when the OP sent the cheque to the complainant. If we do not consider that date as cause of action, even then we find that the complainant made application before the OP on 07/02/2013 and 14/03/2013. So,

Contd…………..P/2

 

                                                          

( 2 )

we can safely held that the cause of action arose at least on 14/03/2014. Section 14A of CPC mandates that neither the District Forum nor the State Commission, nor the National Commission shall admit a complaint unless it is filed within 2 years from the date on which the cause of action has arises. In the present case, we have already found that the cause of action arose at on 14/03/2013, but the present complaint has been filed long after expiry of two years i.e. on 04/08/2015.  There is no application for condonation of delay for filing the present complaint after expiry of the period of a limitation. In view of that, it is held that the present complaint is barred by limitation as such the present complaint is not admitted and subsequently it is rejected.

 

Dictated & Corrected by me    

                Sd/-                                    Sd/-                                           Sd/-

           President                             Member                                     President

                                                                                                        D.C.D.R.F.

                                                                                                  Paschim Medinipur