West Bengal

Nadia

CC/96/2018

Santi Ranjan Majumder - Complainant(s)

Versus

The Manager Oriental Insurance Company Ltd. - Opp.Party(s)

30 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NADIA
170,DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING.
NADIA, KRISHNAGAR
 
Complaint Case No. CC/96/2018
( Date of Filing : 23 Jul 2018 )
 
1. Santi Ranjan Majumder
S/o- Late Jatindra Kumar Majumder vill. & P.O. Mollabelia P.S. Haringhata
NADAI
WEST BENGAL
...........Complainant(s)
Versus
1. The Manager Oriental Insurance Company Ltd.
Kalyani Branch off ice, A-9/9 (S) 2ND Floor, Kalyani, P.O. & P.S.- Kalyani PIN 741235
NADIA
WEST BENGAL
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHYAMALENDU GHOSAL PRESIDENT
 HON'BLE MR. NARAYAN CHANDRA CHATTERJEE MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Aug 2018
Final Order / Judgement

Complainant files hajira.  Today is fixed for admission hearing.  Heard the Ld. Lawyer for the complainant for admission of this case. 

            Ld. Lawyer for the complainant submits that the policy was commenced from 20.01.2007 and it was valid up to 19.01.2008, i.e., for one year.  He further submits that in the year 2007 the accident took place and thereafter, the complainant several times approached before the Insurance Company to settle the claim.  But the Insurance Company did not pay any heed to it. 

            The Ld. Lawyer for the complainant also cited a decision of the Hon'ble State Commission, MP in which it is stated that until payment of sum assured, it remains a case of continuous cause of action.

            However, after hearing the Ld. Lawyer for the complainant and also going through the aforesaid decision it is very clear that after lapse of two years the complaint petition was filed.  In this case, the case was filed after lapse of 10 years from the date of occurrence, as a result, this Forum has no authority to admit this case. 

Hence, it is

Ordered,

that the instant case be and the same is dismissed without cost.

            Let plain copy of the order be supplied to the complainant free of cost forthwith. 

 
 
[HON'BLE MR. SHYAMALENDU GHOSAL]
PRESIDENT
 
[HON'BLE MR. NARAYAN CHANDRA CHATTERJEE]
MEMBER

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