Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
Heard Mr.S.R.Shetty-Advocate for the appellant.
This appeal is directed against the order dated 28/02/2011 passed in consumer complaint no.18/2010, Smt.Girija Kutti Shetty v/s. Unic Mercantile Services Pvt. Ltd. and another by District Consumer Disputes Redressal Forum, Pune (‘forum’ in short).
It is a case of repudiation of insurance claim and service deficiency is alleged accordingly. Consumer complaint stood dismissed.
Insurance company took a defence and repudiated the claim on the ground that at the relevant time i.e. at the time of incidence, which occurred on 22/07/2004, the insured was not under cover of the insurance, since the earlier policy taken was lapsed after a period of one year. Forum upholding contention of the Insurance company dismissed the consumer complaint and feeling aggrieved thereby, this appeal is filed by the original complainant.
We invited attention of the Ld.counsel to the decision in the matter of Kandimalla Raghavaiah & Co. V/s. National Insurance Co. Ltd. , III (2009) CPJ 75 (SC) and enquired from him about the limitation issue as far as maintainability of the original complaint itself is concerned, particularly, when no application for condonation of delay is filed. It is submitted on behalf of the Ld.counsel appearing for the appellant that from the date of repudiation which is witnessed by letter dated 31/07/2009 from the Insurance company, the consumer complaint is within limitation. We are afraid in view of the decision of the apex court in Re Kandimala, cause of action arose when the date of incident occurred, supra, and as such, consumer complaint filed on 23/12/2009 and that too without any application for condonation of delay, in view of section 24-A of the Consumer Protection Act, 1986 is not maintainable.
Today policy document is produced by Ld.counsel appearing for the appellant. We have carefully considered the same. Certificate of insurance clearly mentions period of insurance as “Twelve months from the date of commencement of Insurance as mentioned in the schedule overleaf and for any subsequent period for which the insurance company may accept a renewal premium upto the validity of card”.
It is a case of Insurance company that after initial period of one year w.e.f.15/09/1999 further insurance cover was not taken by the insured late Kotty Koraga Shetty. There is no document or evidence to show that any further insurance was taken. Under the circumstances, finding recorded by the forum cannot be faulted with.
For the above referred reasons we find appeal devoid of any substance and pass the following order:-
ORDER
Appeal is not admitted and stands disposed of accordingly.
Copies of the order be furnished to the parties.
Pronounced on 29th June, 2011.
