West Bengal

Paschim Midnapore

CC/95/2015

Tapas Koley - Complainant(s)

Versus

The Branch Manager, United India Insurance Co.Ltd. - Opp.Party(s)

19 Aug 2015

ORDER

                                                                DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

                              PASCHIM MEDINIPUR.                             

   

Complaint Case No.95/2015

                                                       

Tapas Koley……………….………Complainant

Versus

 The B.M., United India Insurance Co. Ltd. & ano………………..Opp. Party.

                               

              Order No.2.                                                                                      Dated : 19/08/2015

                Complainant is present. The case record is taken up for admission hearing. Perused the petition of complaint and the documents filed therewith. Facts of the case, in brief, is as follows :-

               Complainant  run a business named styled as Trishna Bhandar of his own residence and his entire stock in trade was covered by Insurance policy with United India Insurance Co. Ltd. which was purchased through the Bank and the Bank also effected payment of Insurance premium by deducting borrower’s account. Unfortunately, on 12/02/2012, such business place of the complainant completely burnt due to short circuit and the matters was fully informed to the Bank of Op as well as Op-Insurance Company. Thereafter, the Insurance Company assessed the loss  suffered by the complainant at Rs.1,40,000/- and also issued a  cheque in favour of the  complainant payable to the beneficiary account with State Bank of India, Debogram branch  by cheque no.0243050; dated 18/10/2011. The complainant misplaced the said cheque and after tremendous searching, he could able to find the same and deposited the cheque with the said Bank, who in its turn sent the same to the Op-Insurance Company  for revalidation of such cheque since the validity of the said cheque expired in the mean time vides  its letter dated 01/08/2012 but the Op-Insurance Company did not pay any heed in spite of repeated requests and reminders by the complainant as well as by the Op-Bank. Hence, the complaint praying for recovery of the said sum of Rs.1,40,000/- from the Op-Insurance Company  and for other reliefs. It, thus, appears that cause of action  arose on and from 01/08/2012 when the concerned Bank requested the Op-Insurance Company for revalidation of the cheque in question. The present complaint has been filed on 13/08/2015 i.e. after lapse of period of limitation of two years as provided u/s-24 A in the C.P. Act. In view of that, the present complaint is barred by limitation and as such the complaint is not admitted.

Dictated & Corrected by me

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