West Bengal

Jalpaiguri

CC/12/2016

Anju Khoria - Complainant(s)

Versus

The National Insurance Company Ltd. Through the Divisional Manager,National Insurance Company Limite - Opp.Party(s)

Ajoy Kumar Singhania

09 Mar 2016

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/12/2016
 
1. Anju Khoria
Wife of Late Mahesh Kumar Khoria, Residing at Maynamapara, P.O. and P.S.-Maynaguri, District-Jalpaiguri, Pin.-735122 Maynaguri,
...........Complainant(s)
Versus
1. The National Insurance Company Ltd. Through the Divisional Manager,National Insurance Company Limited, Jalpaiguri
Thana Road,P_.S.- Kotwali, P.O. and Dist.-Jalpaiguri, Pin.- 735101
2. Golden Trust Financial Services,
16, R.N. Mukherjee Road, P.S.- Hare Street, Kolkata, Kolkata-700001
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Das PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No. -2                                                                                                    Dt.- 09/03/2016

 

          Complainant files hajira through his Ld. Lawyer. The case is taken up for hearing complainant’s petition filed on 02/03/2016 u/s 24 A(2) of the C.P.Act read with Sec. 5 of the limitation act for condonation of delay for filing this case alongwith admission hearing. Perused the said limitation petition and the petition of complaint. Heard submission of the Ld. Lawyer for the complainant at a length. Considered. We find that the  cause of action of filing this case has been arisen on and from 04/10/2010 as Mahesh Kumar Khoria, who is the husband of the complainant as well as insured , died in an accident on 04/10/2010. But the instant case has been filed by the complainant with this Forum on 02/03/2016 i.e. after lapse of 6years approx. There is no reasonable and satisfactory explanation for such inordinate delay of filing this case in the petition for condonation of delay filed by the complainant. We are not satisfied and convinced on the ground shown in the condonation petition for such inordinate delay of 6yrs. approx of filing this case. Hence we reject complainant’s petition for condonation of delay for filing this case. Thus we find that the case is hopelessly barred as per provision of Sec 24A of the C.P.Act 1986. and the case is not maintainable. Hence the petition of complaint stands rejected. The case and the complainant’s petition for condonation of delay are disposed of.

            Let copy of this final order be supplied free of cost forthwith to the complainant/ her Ld. Advocate/agent on record by hand under proper acknowledgement/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.

 
 
[HON'BLE MR. Asoke Kumar Das]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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