BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.432 of 2016
Date of Instt. 12.10.2016
Date of Decision :25.10.2016
Inderjit Singh Sehmbey S/o Sh. Balwant Singh R/o Vill. Bara Pind Road, Goraya, Distt. Jalandhar.
..........Complainant
Versus
The Oriental Insurance Co. Ltd.. Amardeep Building, Opp., Narinder Cinema, G.T. Road, Jalandhar through its Branch Manager.
The Oriental Insurance Co. Ltd., Divisional Office, Amardeep Building, Opp. Narinder Cinema, G.T. Road, Jalandhar through its Divisional Manager.
The Oriental Insurance Co. Ltd. SCO-109-111, Sector 17-D, Chadigarh, through its Chief Regional Manager.
.........Opposite parties
Complaint Under Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.Naveen Chhabra Adv., counsel for the complainant.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under 'The Consumer Protection Act' against the opposite parties (hereinafter called as OPs), with the submission that he purchased household articles insurance policy vide cover note No. 650946 from the opposite parties on 7/9/2001 for one year. In the midnight of 21/10/2001, when the family members of the complainant were sleeping and three unknown persons entered the house of the complainant armed with pistol and sharp weapons and attacked the complainant, his wife and son. When son of the complainant raised hue and cry, the aforesaid three persons alongwith five/six persons standing outside the house took away the ornaments and cash lying in the house of the complainant. The matter was reported by the son of the complainant to the Police Station, Goraya, District Jalandhar on the basis of which FIR No. 37 dated 21/10/2001 was registered. The aforesaid persons had taken away the gold ornaments and cash from the house of the complainant to the tune of Rs. 3,21,400/-. The details of which were given to the Police Station, Goraya. The police failed to trace out the accused as well as the stolen articles/ cash of the complainant. The complainant lodged claim with the opposite parties. The complainant thereafter went abroad and did not pursue the claim with the opposite parties. The complainant came back to India in the year 2015 and visited the office of OP No.1 to know about the claim but the OP refused to tell anything about the claim of the complainant. The complainant also sought information from the OP under the RTI and the OP stated that as the cover note belongs to year 2001, it is not traceable after 14-15 years. The complainant submitted that all this amounts to deficiency in service on the part of the opposite parties.
2. We have heard the Ld. counsel for the complainant and have minutely gone through the record produced by the complainant, particularly the insurance cover note bearing No. 650946 dated 7/9/2001 and the copy of report lodged by the complainant with the police i.e. report No. 116 dated 21/10/2001 and the intimation given by the complainant to the OP dated 8/3/2006 as well as the claim form, the correspondence made by the complainant with the OP dated 3/5/2016, 1/6/2015, 18/4/2016, 28/3/2016, etc.
3. From the record produced by the complainant, it stands fully proved that the complainant obtained household articles insurance policy from the OP vide cover note No. 650946 on 7/9/2001. The complainant submitted that in the midnight of 21/10/2001, some persons forcible entered into their house and took away the ornaments and cash from the house of the complainant amounting to Rs. 3,21,400/-. The son of the complainant lodged the report with the Police i.e. report No. 116 dated P.S. Goraya, District Jalandhar which was recorded in book No. 61/2001. The complainant submitted that he has lodged claim with the OP. He has filed a copy of claim form, undated, on which no claim number/ policy number has been written nor there is any receipt number given by the OP to prove that the said claim form was received by the OP. The complainant has also placed on record letter dated 8/3/2006 vide which the complainant informed the OP regarding the aforesaid theft at their residence. The complainant submitted that he lodged the claim with the OP in the year 2001 and thereafter he went to abroad. The complainant has not mentioned the name of the country to which he visited nor the complainant has produced on record any copy of passport/ visa as to when he went abroad. The complainant has stated that he came back to India in the year 2015 but the complainant did not file any document to prove on which date, month in the year 2015 he came back to India, from which country nor the complainant has filed any document to prove that whether he is NRI or Citizen of Foreign Country. Nor the complainant has produced on record any document or any evidence to prove that he did not come to India during this period from 2001 to 2015. The complainant never approached the OP during this period from 2001 to 2015. The cause of action accrued to the complainant on 21/10/2001 when the alleged theft took place and the matter was reported to the police by the son of the complainant vide report No. 116 dated 21/10/2001 P.S. Goraya, District Jalandhar. The complainant failed to prove on record as to whether he lodged claim with the OP on which date, month or year. The complainant has also failed to inform the OP regarding the aforesaid theft whereas he has filed the present complaint on 26/7/2016 i.e. after a lapse of a period of about 15 years which is hopelessly time barred and the complainant has not filed any application for condonation of delay nor he has submitted any explanation in the complaint as to why he has filed the present complaint after a lapse of period about 15 years.
4. Resultantly, we hold that complaint is hopelessly barred by limitation and the same is hereby dismissed. Copy of the order be sent to the complainant free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
25.10.2016 Member President
