Rajasthan

StateCommission

A/724/2017

M/s Chokidhani Dhani Resorts Pvt. Ltd. - Complainant(s)

Versus

United India Ins. Co. Ltd. - Opp.Party(s)

Roshan Sethi

09 Apr 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 724/2017

 

M/s. Chokhi Dhani Resort Pvt.Ltd., regd.office Anjali Chambers, Rajbhawan Road, Civil Lines, Jaipur through MD Subhash Vaswani.

Vs.

Area Manager, United India Insurance Co. Ltd. Digambar Jain Dharamshala Building, M.I.Road, Jaipur & ors.

 

Date of Order 9.4.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Arjun Rajpurohit counsel for the appellant

Mr.Sanjeev Arora & Mr.Shubham Arora counsel for the respondents.

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal is filed against the order passed by the District Forum, Jaipur 4^th dated 23.5.2017 whereby the claim is dismissed on the ground of delay.

 

Heard the counsel for the respondents and perused the impugned order as well as original record of the case. Mr.Arjun Rajpurohit appeared on behalf of the appellant but he is not ready to assist the Commission.

 

A bare perusal of the impugned order goes to show that admittedly the appellants were insured with the respondents and during the policy period accident took place on 20.9.2003 and one student Rajendra Singh died. Before the Forum below the complaint was filed on 30.10.2009 and the Forum below has rightly held that the complaint is time barred as the cause of action has arisen on 20.9.2003 and further more no application for condonation of delay is filed before the Forum below and respondent has rightly relied upon 2009 ( 5 ) Supreme 377 Kandimalla Raghavaiah Vs. National Insurance Co. wherein on the similar facts the apex court has denied the relief. The apex court has held as under:

 

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“ It is, therefore, clear from the aforenoted correspondence between the appellant and the Insurance company that cause of action in respect of the special insurance policy arose on 22^nd/23^rd March,1988, when fire in the godown took place damaging the tobacco stocks hypothicated with the Bank in whose account the policy had been taken by the appellant. Thus, the limitation for the purpose of section 24 A of the Act began to run from 23^rd March 1988 and therefore, the complaint before the Commission against the insurance

company for deficiency in service whether for non issue

of claim forms or for not processing the claim under the policy ought to have been filed within two years thereof..........

 

By no stretch of imagination it can be said that insurance company's reply dated 21^st March 1996 to the legal notice dated 4^th January 1996 declining to issue the forms for preferring a claim after a lapse of more than four years of the date of fire resulted in extending the period of limitation for the purpose of section 24A of the Act, We have no hesitation in holding that the complaint filed on 24^th October 1997 and that too without an application for condonation of delay was manifestly barred by limitation and the Commission was justified in dismissing it on that short ground.”

 

In para no. 14 of the original complaint it has been admitted that the accident has taken place on 20.9.2003

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meaning thereby that the cause of action has arisen on that day. Thereafter the mother of the deceased student has preferred a civil suit before the District Judge, Jaipur which was decreed against the present appellant and appeal was also preferred for enhancement of the compensation. The payments were made by the appellant. Thereafter letters and legal notice were served to the respondent but judgment passed by the District Court or the High Court and even the letters and legal notice could not give a fresh cause of action to the appellant and it may also be noted that no application u/s 24 A of the C.P.Act was submitted to extend the period of limitation.

 

In view of above, the Forum below has rightly dismissed the claim. There is no merit in this appeal and liable to be dismissed.

(Nisha Gupta) President

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