IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

ORDER ON ADMISSION

1. This complaint of Mr. Charmana.M.K. s/o. Kushalappa, resident of Harihara Village, Virajpet Taluk, Kodagu District against the United India Insurance Company, Mysore branch with a prayer to direct the opponent to settle the amount of Rs.3,28,305/- to the KPR Cars Pvt.Ltd. with interest at the rate of 18% per annum and award compensation of Rs.10,000/- for mental agony caused by the opponent and also a sum of Rs.10,000/- as damages and loss towards the complainant’s carrier.

2. The complainant had purchased a brand new Volkswagen VW POLO 1.2 MPI Highline BS4 2016 model car at Mysore.  The brand new car was insured with the opponent for the period from 10/06/2016 to 09/06/2017.  That on 10/07/2016 the complainant was going to Kannur of Kerala State and at Votekolli the vehicle met with accident and got damaged completely.  Immediately the complainant was reported to Virajpet Rural Police Station and the

3. .Police have booked a case in FIR No.125/2016 for the offence punishable under Section 279 of IPC.  The opponent assessor / valuer inspected the vehicle and directed the complainant to undertake repairs at KPR Cars Pvt.Ltd show room which belongs to Volkswagen company.  The complainant had spent Rs.3,28,305/- for repairs of the damaged vehicle.  Thereafter the complainant has submitted the claim with the opponent then the opponent has escaped its responsibility vide its letter dated 09/12/2016 stating that they regret their inability to admit his claim.  Thus the opponent has committed deficiency in rendering its service hence, this complaint.

4. We have heard the arguments advanced by the learned counsel for the complainant at the stage of admission.

5. The complainant along with complaint has produced copy of FIR, insurance policy issued by the opponent, invoice of KPR Cars Pvt.Ltd, copy of Aadhaar card and driving license.  Accident has taken place during the existence of policy period i.e. 10/07/2016.  The opponent has repudiated the claim vide letter dated 09/12/2016.  The complainant in paragraph No.4 of the complaint pleaded that the opponent has repudiated his claim vide letter dated 09/12/2016.  This complaint has been filed on 05/01/2019.  Section 24(A) of the Consumer Protection Act says that the District Forum shall not admit the complaint unless it is filed within two years from the date of cause of action.  According to the averments of complaint the cause of action has arisen to the complainant to file the complaint against the opponent on the date of repudiation of his claim i.e. on 09/12/2016.   This complaint has been filed two years after the cause of action.  The complainant ought to have filed this complaint on or before 09/12/2018.  Therefore, this complaint is barred by time i.e. two years after the expiry of limitation period                                                                                                                                                                                                                   hence, it is liable to be rejected.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by Mr. Charmana.M.K s/o. Kushalappa is dismissed as it is barred by limitation.
2. Return all the documents produced in this case to the complainant or his learned counsel.
3. Furnish copy of order to the complainant at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 02^ndday of  FEBRUARY, 2019)

                                                      (C.V. MARGOOR)

                                                          PRESIDENT 

                                                      (M.C. DEVAKUMAR)

                                                           MEMBER