Misc. Application Case No.27/2022
(Arising out of C.C. No.09/2022)
Complainant. Opposite Parties.
Smt. Alpana Bandopadhyay 1. The Sr. Divisional Manager & Others.
Date of Filing: 28.04.2022. Date of Disposal: 09.12.2022.
Order No. Date:
Today is fixed for passing order in respect of M.A. case being No. 27/2022. OP Nos. 3 & 4 files hazira through the Ld. Advocate. OP Nos. 1 & 2 also files hazira through the Ld. Advocate. Complainant also files hazira through the Ld. Advocate.
The record is taken up for passing order in respect of M.A. case being No. 27/2022.
On 28.042022 the OP Nos. 3 & 4 have filed a petition praying for dismissing the case, as it is not maintainable due to bar by limitation on grounds that the complainant submitted her claim before the OP No.1 on 06.08.2014 through the OP No.3 and the OP No.1 vide a letter dt. 11.11.2014 repudiated the claim of the complainant by non-settling the claim of the complainant and on 03.06.2016 the complainant made a representation to the OP No.1 about the said claim and lastly on 06.06.2014 the complainant took resort to the Assistant Director, Consumers Affairs and thereafter, the complainant having failed to get her claim from the OP No.1 , filed this complaint in the year 2022 after a gap of more than 6 years. As such, it is barred by limitation in the eye of law.
The complainant has filed W/O against this M.A. Case and denied all the material allegations made in paragraph Nos. 3, 4 5,6 & 7 of the M.A. Case filed by the OP Nos. 3 & 4. But the paragraph Nos. 1 & 2 of the M.A. case is admitted by her. The complainant submitted that there was no cause of action to file this M.A. case by the OP Nos. 3 & 4. The complainant being the widow of Late Tapas Banerjee, has submitted the claim lastly on 03.06.2016 before the OP NO.1 by representation, but the OPs have neither initiated to disburse the claim amount till date nor any response was shown till to date. Before the Assistant Director, Consumer Affairs Department, Burdwan R.O., the OPs did not turn up for settling the dispute. She however, submitted that the claim was not settled till date by the OPs through the disposal of the claim and as such it is a case of non-settlement of the claim and the cause of action is still continuing and prayed for rejection of the M.A. Case.
Perused the M.A. Case and the objection filed by the complainant.
We also perused the case record including the complaint and the W/V filed by the OP Nos. 1&2 and OP Nos. 3 & 4.
It appears that on 20.01. 2022 this case was filed and on 23.02.2022 the delay in filing of the complaint has been condoned by this Commission. We find no paper submitted by the OP Nos. 3 & 4 that the OP No.1 replied against the repudiation submitted by the complainant on 03.06.2016. Furthermore, those OPs i.e. OP Nos. 1, 2,3 & 4 have filed two sets of W/Vs wherein they took general defense to the effect that the case is barred by limitation and the OP Nos. 1 & 2 did not file any separate petition with an issue that the case is not maintainable and the claim has been prayed by the complainant against the Insurance Company OP nos. 1 & 2 . The order dt. 23.02.2022 i.e. the order in respect of condonation of delay has not been challenged by the OPs after appearance. Accordingly the said order is still intact. However, when the OPs took general defense in the W/V in respect of limitation point that may be raised by the OPs at a conclusion of the trial of the case.
By considering the submissions of the both parties as stated above, we are of opinion that this M.A. Case being No. 27/2022 be and the same is disposed of and the case should be fixed for evidence –on-affidavit.
Hence, it is
ORDERED
That the M.A. case being No. 27/2022 be and the same is disposed of on contest in view of the above made findings.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C , Purba Bardhaman
