West Bengal

Jalpaiguri

CC/10/2022

Sri Snehangshu Sekhar Nandy - Complainant(s)

Versus

The Senior Divisional Manager National Insurance Company Limited - Opp.Party(s)

Ujjal Chakroborty

17 Mar 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/10/2022
( Date of Filing : 28 Feb 2022 )
 
1. Sri Snehangshu Sekhar Nandy
S/o Late Ramendra Sekhar Nandy R/o Ananda Nagar Opposite Railway Station P.O. & P.S. Maynaguri Dist. Jalpaiguri Pin 735224
Jalpaiguri
West Bengal
...........Complainant(s)
Versus
1. The Senior Divisional Manager National Insurance Company Limited
At Debijhora Building 1st Floor Thana Road PS Jalpaiguri Kotwali P.O & Dist. Jalpaiguri Pin 735101
Jalpaiguri
West Bengal
2. The Branch Manager MD India Health care Services (TPA) Pvt. Ltd.
Pakurtala More 1st Floor Opposite Agamani Club Haren Mukherjee Road PO and PS Siliguri Dist. Darjeeling Pin 734001
Darjeeling
West Bengal
3. The Director Seven Hills Hospital
Marol Maroshi Road Mahavir Nagar Pandit Dindayal Upadhaya Nagar PO and PS Andheri (East) Mumbai Pin 400059
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KUNDAN KUMAR KUMAI PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:Ujjal Chakroborty, Advocate for the Complainant 1
 
Dated : 17 Mar 2022
Final Order / Judgement

Ld. Lawyer for the complainant is present by filing hzirah and he has submitted that the facts of  the case is that complainants wife expired on 15.08.2016. but the in spite of the death of the deceased wife by breast cancer. the O.P. No. 1  failed to known the claim of the insurance amount on the ground that the death was caused due to Ischemic Heart disease. Therefore this case was filed.  Ld. Lawyer has also relied on Judgement passed in National Insurance Co. Ltd. Vs. Hindustan Safety Glass Works Ltd and Ors.

After hearing the Ld. Lawyer in the complainant and on going through the materials on record as well as the Judgement relied by the complainant,  it transpires that the cause of action arose on 13.03.2016 and finally on 29.09.2016. But thereafter, the complainant has not given any satisfactory explanation for the reason of delay in filing of this case. Cause of action of this case is much prior to the onset of the pandemic in March of 2020. Under the circumstances the inability of the complainant to explain the delay satisfactory does not come to the help of the complainant case. The above ruling is also is based on the facts where in the other side had caused the delay  the filing of  the case. But in the instant case there is no such delay on the part of the O.P. and as observed  the complainant has failed to provide satisfactory reason  in filing  this case.

Under the circumstances prayer for admission stands refused. The case thus is disposed of. 

Let a copy be supplied to the complainant free of cost.

 

 
 
[HON'BLE MR. KUNDAN KUMAR KUMAI]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

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