MS. NIPUR CHANDNA, MEMBER

ORDER

23.02.2024

1.       A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant was the owner of the vehicle bearing Registria No. DL8CAR7010 duly insured with OP Ins. Co. vide policy bearing no. 3001/MM-13058482/00/000 w.e.f. 18.08.2018 to 17.08.2019 with an IDV of Rs. 5,12,996/-.

2.       On 10.05.2019 Mr. Ashish Suhag husband of the complainant parked the vehicle at his farm and thereafter he came to know that his vehicle caught fire and got completely destroyed. The Fire Brigade was called who tried to control the fire but car was completely burn till then. The husband of the complainant inform the Op Ins. Co. in respect to the incident and the claim was lodged with OP Ins. Co. vide claim bearing no. KLMMOT08733874.

3.       On various occasions the husband of the complainant approached OP for processing the claim in question and submitted the requisite documents for getting the claim in question. It is further alleged by the complainant since 02.10.2019 her husband was facing the medical issued and finally in the month of February, 2023 he died. It is further alleged by the complainant that the officials of the OP asked the complainant to furnish the NOC from the financer to process the claim as such she finally succeeded in obtaining the NOC from the Financer on 15.02.2023 and again approached OP Ins. Co. with the NOC for processing the claim. OP neither consider the NOC nor had processed the claim despite several communications. Being aggrieved by the conduct of OP complainant approached this Commission for redressal of her grievance, hence, this complaint.

4.       We have heard the argument of Ld. Counsel for complainant Sh. Dinesh Kumar regarding the admissibility of the complaint as well as on the issue of limitation.

5.       Admittedly, complainant approached this Commission and filed the present complaint on 13.02.2024. Admittedly, the cause of action for filing the present complaint arose on 10.05.2019 when the vehicle in question caught fired and burn completely. Despite bare version no documentary evidence has been placed on record by the complainant in respect to the filing of the claim with OP Ins. Co. as well as the copy of letter vide which the NOC from financer is demanded by OP Ins. Co. for processing the claim in question. The complainant has averred in her complaint that she approached OP on various occasions with the requisite documents but has failed to place on record any documentary proof in respect to the same. Hence, in our opinion the substantive cause of action for filing the present complaint arose on 10.05.2019.

7.       Let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.

As per section 69 of Consumer Protection Act, 2019: -

1. The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.

8.     A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.

9.     On perusal of record before us, we found that the cause of action for filing the present complaint arose on 10.05.2019. The complainant ought to have file the present complaint within two years of the accrual of cause of action but the complainant failed to do so.

10.   In view of the above discussion, we are of the considered opinion that substantive cause of action for filing the present complaint arose 10.05.2019, the complainant ought to have file the present complaint within two year of the accrual of cause of action. The complainant has filed the present complaint on 13.02.2024 i.e after the delay of 4 years and 8 months, the present complaint is therefore barred by limitation, hence, dismissed. File be consigned to record room.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   23.02.2024.

Sanjay Kumar            Nipur Chandna                      Rajesh

               President                            Member                         Member