Karnataka

Chitradurga

CC/59/2021

Sri.Pramod Gonchigar - Complainant(s)

Versus

The Manager - Opp.Party(s)

Thippeswamy N

08 Sep 2021

ORDER

COMPLAINT FILED ON:23/08/2021

DISPOSED      ON:08/09/2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:59/2021

DATED: 8^th September 2021

PRESENT: -     Smt. H.N. MEENA. B.A., LL.B., PRESIDENT

 

                        Sri. G. SREEPATHI, B.COM., LL.B.,         MEMBER       

                     Smt. B.H. YASHODA.    B.A., LL.B.,       MEMBER

                    

……COMPLAINANT/S	1.Sri. Promod Gonchigar S/o K.S. Thippeswamy Age 45 years, Agriculture, Madanayakanahalli, Chitradurga Taluk. 2. Sri Narendra S/o K.S. Thippeswamy Age 44 years, Agriculture, Madanayakanahlli, Chitradurga Taluk. (Rep., by Sri. Thippeswamy N.Advocate)
V/S
….OPPOSITE PARTY/S	1. The Manager, Universal Compo General Insurance Company Limited, Divisional Office, 3rd Floor, K.V.V Smart, 217/A, 3rd Main, Hora Virual Road, Kasturi Nagara, Bangalore-43. 2. The Joint Director, Agriculture Department, Office of the Joint Agriculture Director, A.P.M.C. Yard, Chitradurga.

BY SRI. G. SREEPATHI, MEMBER.

-:Orders on Maintainability of complaint:-

                This complaint is filed by the complainant U/s 12 of Consumer Protection Act, 35 of 2019 to direct Op’s to pay assured insurance amount of Rs. 3,60,410/- along with Rs. 50,000/- towards loss faced by him and for mental agony.

        The said case was filed by the Complainant father late K.S. Thippeswamy on 28/12/2020 seeking same prayer vide Consumer case No. 109/2020 and further complainant Counsel Sri N. Thippeswamy filed a memo to dismiss the case as not pressed and accordingly the case was dismissed on 06/01/2021.

        Again on 23/08/2021, seeking same relief Sri pramod Gonchigar and Sri Narendra, son of late K.S. Thippeswamy, both filed the said above Consumer Complaint through their counsel Sri. N. Thippeswamy after death of their Father. The complaint filed was not within limitation period. Apart from this the second complaint filed on the same ground by them after filing of the not pressed memo for dismissal of the case without any proper reason the case is not maintainable.

        With this the complaint filed by complainant is hereby rejected.

 

 

Lady Member                 Member                        President