Delhi

New Delhi

CC/182/2017

Vinod Kumar - Complainant(s)

Versus

Max New York Life Insurance Company Ltd - Opp.Party(s)

29 Oct 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                  (DISTT. NEW DELHI),

                                           ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                       NEW DELHI-110001

 

 

  Case No.C.C.182/2017                                                Dated:

            In the matter of:

Sh. Vinod Kumar,

            R/o R-32, West Patel Nagar,

            New Delhi-110008.

…… Complainant

 

Versus

Max New York Life Insurance Co. Ltd.,

Through its Branch Manager/Sr. Manager,

Having its office at

Himalaya House,

Connaught Place, New Delhi-01

 

……. Opposite parties.

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

The complainant has filed the present complaint against the O.P u/s 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant was issued the policy bearing No.471892018 by OP Co. and the complainant has deposited a sum of Rs.20,000/-. It is alleged that he gave the letter to the OP Co. for cancellation of the policy within 15 days of FREE LOOK time period but despite repeated request OP did not pay the deposited amount which amounts to deficiency in services, hence this complaint.

 

2.     Notice was issued to the OP for 11.9.17.  Despite service none appeared on behalf of OP, hence it was proceeded as ex-parte vide order dated 11.9.2017.

 

3. Complainant has filed his affidavit in evidence

 

4. We have carefully gone through the record of the case and have heard submissions made by the complainant.

 

5.       Complainant has placed on record the copy of letter dated 5.5.2008 addressed to Insurance Co. regarding the cancellation of the policy in question. He has failed to place on record the copy of the policy issued by the OP in his favour.  Perusal of the record shows that the present complaint was filed on 17.04.2017 and cause of action accrued on 5.5.2008 i.e the date of submission of the application to the OP for cancellation of the policy.

 As per section 24(A) of Consumer Protection Act, 1986 : -

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 or the District Forum, as the case may be records its reason form condoning such delay.

6.     On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

7.     In view of the above discussion and the judgment cited above,  we are of the considered opinion that for all the practical purposes the cause of action for filing the present complaint arose on 5.5.2008, whereas the present complaint was filed on 17.4.2017, the complaint is barred by limitation, therefore, we find no merits in the present complaint, same is hereby dismissed.

 This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Copy of  the  order  may be forwarded to the parties  to the case

free of cost as statutorily required. File be consigned to Record Room.

 

Announced in open Forum on  29/10/2018.

 

ARUN KUMAR ARYA

PRESIDENT

 

                                        NIPUR CHANDNA                                                    H.M. VYAS

                                             MEMBER                                                              MEMBER