Karnataka

Kolar

CC/69/2019

Smt.V.Shanthamma - Complainant(s)

Versus

The Branch Manager, LIC of India - Opp.Party(s)

23 Dec 2019

ORDER

Date of Filing: 03.12.2019

Date of Disposal: 21.12.2019

 

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 21^st DAY OF DECEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

C.C.NO.69 OF 2019

Smt. V. Shanthamma,

W/o. Late. T. Munirathnam,

Aged Abut 56 Years,

Kotaramagulla Village,

Yelesandra Post, Bangarpet Taluk,

 Kolar District.     

(Rep. by Sri. B. Kumar, Advocate)                                  ….  Complainant.

- V/s -

1) The Branch Manager,

Life Insurance Corporation of India,

Kolar Branch, Dr. Rajkumar Road,

Kolar City.

 

2) The Divisional Manager,

L.I.C of India, Divisional Office-II,

Jeevan Jyothi Building,

Indiranagar II Stage,

Bangalore-560 038.                                       ….. Opposite Parties.

ORDER ON MAINTAINABALITY OF THE CONSUMER COMPLAINT

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this Consumer Complaint against OPs and prays to direct the OPs to pay all the death benefits including the Double accident benefit amount of Rs.1,00,000/-, vested bonus of Rs.50,000/-, compensation amount of Rs.50,000/- towards mental agony, court cost and conveyance charges and miscellaneous charges of Rs.50,000/-, in all Rs.2,50,000/- with interest at the rate of 15% per annum till realization of the amount and allow the complaint.

02.   The complainant has filed this complaint on 03.12.2019 and posted to 05.12.2019 for hearing on admission.  Since from that date in spite of giving sufficient time neither the complainant nor the counsel for the complainant were appeared before the Forum to address arguments and are not addressed arguments on maintainability of the case.

03.   The complainant has stated that, her husband by name T. Munirathnam was the life insured vide policy No.361351705 for sum assured of Rs.50,000/- on monthly premium of Rs.787/-.  The date of commencement of the policy is on 14.10.2008 and the complainant is the nominee of the said policy.  The husband of the complainant was working as Conductor at K.S.R.T.C.  The Assistant Administrative Officer, K.S.R.T.C, Kolar, has issued letter stating that, the premium amount has been remitted from the salary of the deceased.  The husband of the complainant was died due to ill-health on 12.03.2012 in a Road Traffic accident while he was in service and the nominee is entitled for all the benefits including the death benefit etc.,.  The said policy covered with double accident benefit.  The OPs rejected the claim of the complainant.  The cause of action arise on 14.10.2018 i.e., on the date of commencement of policy and on 12.03.2012, the date of death of the life assured and prays to allow the complaint

04.   On perusal of the above said facts of the complainant case and the documents produced by the complainant i.e., Xerox copy of the death certificate of the husband of the complainant it reveals that, the husband of the complainant was died on 12.03.2012.  The complainant has not produced the copy of the alleged policy bond bearing No.361351705 dated: 14.10.2008 while in service.  At this juncture it is relevant to state here that, the Consumer Complaint is to be filed within two years from the date of cause of action as contemplated Under Section 24 of the Consumer Protection Act, 1986.  Taking in to consideration of the said fact that the husband of the complainant was died on 12.03.2012 and the complaint is to be filed within 12.03.2014 but the complainant has filed this complaint on 03.12.2019 after lapse of 05 years 08 months 21 days and the said complaint is hopelessly barred by law of limitation.

05.   Hence under these circumstances, as discussed above, the complaint filed by the complainant is not maintainable as it is hopelessly barred by law of limitation.  Accordingly we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is dismissed as not maintainable.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 21^st DAY OF DECEMBER 2019)

 

 

   LADY MEMBER                         PRESIDENT