ORDER

Date: 26.04.2024

Per: Mr. Justice Sanjay Kumar, President

                   Mr. Arvind Kumar Mishra, learned counsel for the appellant is present.

Present appeal has been filed on behalf of complainant/appellant for setting aside the judgment and order dated 16.12.2023 passed by learned District Consumer Forum/Commission, East Champaran, in complaint case no. 26/2021 whereby and whereunder the complaint case has been dismissed as time barred.

          Briefly stated the fact of the case is that complainant is consumer and account holder in bank of opposite party and his saving account no. is 5519. Complainant deposited premium amount of Rs. 8113/- on 13.12.2009 for Rabi crop insurance for the year 2009-10 in respect of potato crop grown in one hecture area.

Opposite party bank forwarded the insurance claim of 4 insured (i)  Ramashray Singh (ii)Thakur Prasad Gupta (iii) Sunil Kumar Singh (iv) Chandra Kishore Prasad (complainant) to the Insurance Company for payment of Insured  amount. Insurance Company paid insurance claim amount of Rs.1,25,000/- (for 2 hectre) with respect to Potato crop to two insured farmer Ramashray Singh and Thakur Prasad Gupta  but did not pay Insurance amount to complainant even after several visits by complainant to the Bank.

It is further stated that complainant on 20.02.2021 visited bank to verify from ledger book and found that premium amount of Rs. 8113/- was not deposited in his account and no entry was made in his Account with respect to said premium deposit made by him as a result of which he suffered loss of Rs. 62,805/- due to non-payment of insurance amount which is deficiency in service of bank and filed consumer complaint case in the District Consumer Forum, Motihari for payment of insured amount of Rs. 62,805/- and Rs. 56,000/- dues against loan account with 12 % interest p.a and further Rs. 1,000,00/- as compensation for physical and mental harassment and cost of litigation. Notice were issued to opposite parties for their appearance.

Opposite party no.2 insurance company appeared and filed its W.S stating there in that opposite party no.1 Bank had not send any premium amount with respect to complainant crop insurance for Rabi season 2009-10 of Potato crop. Opposite party no.2 has already paid insurance claim amount to the bank on 22.02.2013 with respect to 7623 farmer for Rabi season 2009-10 in respect of Potato crop.

The District Consumer Forum/Commission after hearing the parties and considering the materials available on record held that from Exhibit it is established that complainant had deposited the premium amount for crop insurance in the Bank but bank failed to deposit premium amount to the insurance company as a result of which insurance company did not extend crop insurance coverage to complainant for which bank was responsible and liable and there was deficiency in service by the Bank.

The District Consumer Forum further held that from Exhibit 2 and Exhibit 3 it is apparent that two farmer Thakur Prasad Gupta and Ramashray  Singh were paid insurance claim amount on 19.07.2016 and 18.07.2016 for the Rabi Season (2009-10) for Potato Crop. Complainant was fully aware with respect to payment of insured amount to two insured farmers in the year 2016 and insured amount has not been remitted in his account as such cause of action arose in the year 2016 and complaint case was to be filed within 2 years from date of cause of action but same was filed in 2021 i.e. after 5 years of cause of action as such complaint case was time barred and was accordingly dismissed the complaint case aggrieved by which present appeal has been filed on behalf of complainant.

 Head learned counsel for the appellant.

The only question to be considered in this appeal is whether complaint case was time barred or not. Counsel for appellant could not assail the finding recorded by District Consumer Forum that complaint case was time barred.

 No petition for condoning the delay in filing complaint case was filed by complainant. It is on record that Insurance company send the insured amount to the Bank for payment among farmer in 2013 and complainant himself admitted that two of the four farmers of his group were paid insurance amount in 2016 which was within his knowledge as such cause of action for filing complaint case arose in 2013 and lastly in 2016 as such District Consumer Forum has rightly held that complaint case was time barred.

Section 24-A is peremptory in nature  requiring the consumer Forum to see at the time of entertaining the complaint, whether it has been filed within the stipulated period of two years from the date of cause of action or not.

National Commission relying upon judgment of Supreme Court in case of Lis Deepasthamhham Project & Anr. V/s Mammen Koshy (2014(2)CPC(NC)215) In paragraph no. 8,9,10 has held as follows:-

“8.Hon’ble Apex Court in (2009) 7 SCC 768 Kandimalla Raghavaiah and Company Vs. National Insurance Company and Anr. Held that complaint filed after more than 8 yars of the cause of action, that too without any application for condonation of delay was rightly dismissed by this Commission. He also placed reliance on (2009) 5 SCC 121 State Bank of India Vs. B.S. Agriculture Industries (I) in which it was held that if application for condonation of delay under sec. 24A is not filed and complaint is barred by time, the Forum would be committing illegality in deciding complaint on merits.

9. In the present case, admittedly, complaint is barred by almost 3 years and no application was filed for condonation of delay. In such circumstances, learned District Forum ought to have dismissed complaint as barred by limitation instead of proceedings on merits. Learned District forum has not assigned any reason for brushing aside arguments on limitation and it is very surprising that leaned State Commission has also not dealt this aspect and dismissed appeal. In such circumstances, impugned order is liable to set aside.

10. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 01.02.2012 passed by the Kerala State Commission in Appeal No.74/2012 LIS Deepasthambham & Anr. Vs. Sri Mammen Koshy and order of District Forum dated 31.05.2011 in CC No. 184/2010 is set aside and complaint stands dismissed with no order as to costs.”

Present appeal is devoid of any merit and is accordingly dismissed at admission stage.

A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act. The order be uploaded forth with on the website of the Commission.

Let the file be consigned in the record room along with copy of this order.    

Ram Prawesh Das                                                                              Sanjay Kumar, J                             

  Member                                                                                               President

Agam