Chandigarh

DF-II

CC/59/2017

Santosh Kumar - Complainant(s)

Versus

The Branch Manager, LIC of India - Opp.Party(s)

Thakur Ashwani Verma Adv.

19 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	59 of 2017
Date  of  Institution	:	17.01.2017
Date   of   Decision	:	03.02.2017

 

 

 

Santosh Kumar s/o Biri Singh, R/o Bhagwanpur Chachyot, District Mandi Himachal Pradesh

             …..Complainant

Versus

1]  The Branch Manager, LIC of India, Divisional Office, Jeewan Deep Building Unit-I, Sector 17, Chandigarh.

2]  Sh.Santosh Kumar s/o Smt.Kavita Devi, R/o #406, Village Nano Majra, District Mohali, Punjab 160052

3]  The Branch Manager, ING-VYASA Bank (Now Kotak Mahindra Bank Ltd.), SCO 70-71, Sector 8-C, Chandigarh Branch K-1, Chandigarh.

4]  The Sr.Supdt. of Post Offices, Sector 17, Chandigarh.

….. Opposite Parties  

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH             MEMBER 

        

 

Argued By: -Thakur Ashwani Verma, Counsel for complainant.  

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainant purchased an insurance policy namely New Bima Gold vide policy No.163629840 in the name of  his wife Mrs.Kavita commencing from 21.2.2009 from OP NO.1 (Ann.1). It is averred that on the death of the policy holder (Mrs.Kavita), a cheque of Rs.2.00 lakhs dated 24.10.2011 was issued by OP No.1 in the name of complainant (nominee under the policy). However, the said cheque was never received by the complainant and on enquiry, it came to notice that the OP NO.1 sent the cheque at #165, Village Kajehri, Chandigarh UT, which was delivered by OP No.4 to someone else and thereafter the same was encashed by opening account No.565010128761 in the name of unknown Santosh Kumar/OP NO.2 in ING VYASA Bank, Sector 8, Chandigarh without any proper verification done by the OP NO.3.  However, when this fact came to notice of complainant, FIR NO.8, dated 8.1.2014 under Section 419. 420 IPC was got registered at Police Station 36, Chandigarh, which was sent as untraced with effect from 10.7.2014 by the police authorities.  It is averred that even after the request of the complainant for reinvestigation of the case, the police again sent it as untraced on 24.5.2016 (Ann.-2).  Thereafter, the complainant sent legal notice to the OPs, but to no avail.  It is pleaded that the complainant had given his new address i.e. Village Bhagwan Pur, P.O.Chachiot Distt. Mandi, Himachal Pradesh for dispatch of the above said cheque, which is clear from the information supplied by OP NO.1 under RTI, but still it sent the cheque at old address.  Hence, this complaint has been filed alleging deficiency in service on the part of the OPs.

 

2]       We have heard the complainant in person on the point of admission of this complaint.

 

3]       In our considered opinion, the present complaint is highly time barred for the simple reason that the cause of action accrued in favour of the complainant, when was equipped with the knowledge that the cheque amounting to Rs.2.00 lakh, an assured amount under the policy in question, had already been got encashed by some third person, who impersonated himself to be the complainant, by opening an account with OP No.3.  It is gathered from the record that the complainant inspite of having knowledge of all the factual position got registered an FIR NO.8, dated 8.1.2014 under Section 419. 420 IPC at Police Station 36, Chandigarh, which as per the complainant was sent as untraced with effect from 10.7.2014 by the Police Authorities and again on the request of the complainant, the case was reopened and again the case was sent as untraced on 24.5.2016. 

 

4]       It is further gathered from the record that the complainant after the initiation of the criminal proceedings and also after the submission of the Untraced Report by Police Authorities, issued legal notices dated 29.12.2015 and 11.4.2016 to OP No.1 and notices dated 29.12.2015 and 7.1.2016 to OPs NO.3 & 4 respectively and in reply all the OPs, served through notices, declined the claim of the complainant.

 

5]       Now the complainant has filed the present complaint against all the OPs including the unknown person – Santosh Kumar as OP NO.2 and claimed his amount of Rs.2.00 lakh from all the OPs along with compensation and litigation expenses.

 

6]       In our considered opinion, the complainant has not filed the present complaint within the period of 2 years as prescribed under The Consumer Protection Act, 1986, as the cause of action accrued in favour of the complainant finally on 19.8.2013 whereas the present complaint has been filed on 17.1.2017.  The factum of knowledge is clear from the copy of FIR NO.8, dated 8.1.2014 under Section 419. 420 IPC got registered at Police Station 36, Chandigarh by the complainant, wherein the complainant himself has stated that‘….the applicant moved an RTI Application before the insurer and in its reply dated 19.8.2013… replied that the death claim payment w.r.t. policy No.163629 840 has already been made vide cheque No.0184765 dt.24.20.2011.’  For the sake of convenience, Section 24-A of the Consumer Protection Act, 1986, deals with limitation, is reproduced as under:-

“24A. Limitation Period. _ (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.”

 

For the reasons recorded above, the complaint is barred by limitation under the Consumer Protection Act, 1986 (amended upto date).

 

8]       In view of the foregoing discussion, the complaint is dismissed in limine being barred by limitation. However, the complainant is at liberty to approach an appropriate authority/Court, for redressal of his grievance.

 

         The certified copy of this order be sent to the complainant free of charge, after which the file be consigned.

Announced

3^rd February, 2017                                                                      sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER