West Bengal

Purba Midnapur

CC/21/2024

Chandan Guria - Complainant(s)

Versus

The Divisional Manager (Tata AIG General Insurance Company Ltd.) - Opp.Party(s)

Pintulal Bhunla

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/21/2024
( Date of Filing : 29 Feb 2024 )
 
1. Chandan Guria
S/O.: Gourhari Guria, residing at. Nar, P.O.: Narghat, P.S.: Chandipur, PIN.: 721633
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Divisional Manager (Tata AIG General Insurance Company Ltd.)
II, U.N. Btambhachari Street, Kolkata 700017
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI ASISH DEB PRESIDENT
 HON'BLE MR. SRI SAURAV CHANDRA MEMBER
 
PRESENT:Pintulal Bhunla, Advocate for the Complainant 1
 
Dated : 14 Mar 2024
Final Order / Judgement

Ld. Advocate for the complainant is present. The case is taken up for hearing in the matter of admission of the case. Perused the complaint on affidavit and other materials on record. It appears from para 3 of the complaint that the cause  of action of this case arose on 02.10.2021. From para 7 it appears that a notice to OP was sent on 25.01.2024, the said date has been shown as the date of cause of action. It is evident that the notice to the OP was sent after two years from the date of cause of action i.e. on 02.10.2021. The instant case has been filed after more than three years from the said date i.e. on 02.10.2021. It is settled law that  mere sending of a notice to the OP can not create the date of cause of action for avoiding the limitation period. In all,  the complaint has been filed beyond the period of limitation of two years as contained in section 69(1) of the C.P. Act 2019. The instant case can not be admitted as it is not maintainable in law.  

            Hence, it is

                                                            Ordered

that the C. case 21/2024 be and the same is dismissed as Not Admitted.

 
 
[HON'BLE MR. SRI ASISH DEB]
PRESIDENT
 
 
[HON'BLE MR. SRI SAURAV CHANDRA]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.