The following case shows that courts will not entertain a complaint if it does not fall within the time frame for making a complaint. Hence make sure that when a claim is repudiated by an insurance company you file a complaint as soon as possible. Else you might lose the battle even before it starts.
The details of the case are as follows.
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Case Details
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1. Shri Naginder Singh
2. Sudarshan Singh
3. Inder Singh
4. Ravinder Singh
5. Deepak Chauhan all sons of Sh. Het Ram, R/o Vill. Kotla Mahal, Tehsil rajgarh, Distt. Sirmaur, H.P.
… Complainants.
Versus
United India Insurance Co. Ltd.
Through its Branch Manager,Solan,
Distt. Solan. H.P. … Opposite party.
O R D E R:
This complaint has been filed by the complainant, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainants aver that they are registered owner of a tractor bearing registration No.HP-16-0243, which was insured, by them, with the OP-Company, for a period of one year commencing from 20.01.2003 to 19.01.2004. They further aver that the aforesaid vehicle, unfortunately, met with an accident, on, 01.05.2003, during the currency of the insurance policy and suffered extensive damage. It is further averred that, the factum of the vehicle, having met, with an accident, was reported to the OP-Company, as also, to the Police. Thereafter, they lodged a insurance claim with the OP-Company, who instead of settling it, dilly-dallied the same on one ground or other. Hence, it is averred that, there is apparent deficiency in service on the part of the OP-Company and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.
2. The OP-Company, in its written version, to the complaint, raised preliminary objections vis-à-vis maintainability of the complaint, and breach of terms and conditions of the insurance policy. On merits, it is contended that at the time of accident, two unauthorized passengers were traveling in the tractor. They have also contended that since the claim was repudiated vide letter dated 30.11.2004, hence, the complaint, being time barred, is not maintainable. Hence, it is denied, that, there was any deficiency in service on their part or that they have indulged in an unfair trade practice.
3. Thereafter, the parties adduced evidence, by way of affidavits, and, documents in support of their respective, contentions.
4. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the case.
5. During the course of the arguments, the learned counsel for the OP-Company, has vigorously urged before us that the present complaint, filed by the complainants, before this forum is not maintainable, inasmuch, as it has been filed, on, 06.09.2007, whereas, the claim was repudiated as reflected in letter dated 30.11.2004, duly addressed to the complainant, hence, the complaint being time barred, is liable to be dismissed on this score alone.
6. As per the mandate of the Consumer Protection Act, 1986, as detailed in Section 24A, 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. In the present case, undisputedly, the accident took place on, 01.05.2003, and thereafter, the OP-Company vide Annexure OP-3, repudiated the claim of the complainant, on, 30.11.2004, whereas, the complaint came to be lodged before this Forum, on, 06.09.2007, i.e. after three years from the date of repudiation of the claim of the complainants by the OP-Company or the accrual of clause of action. The complainants have neither filed any application seeking condonation of delay nor have given any reasons in the complaint, for filing the complaint so belatedly.
7. Hence, without going into the merits of the case, the only conclusion, which is sprouting from the aforesaid conclusion, is, that the complaint filed by the complainants before this Forum, on, 06.09.2007, cannot be entertained by this forum, it, being hopelessly time barred. As such, it is to be held, that, their, is, belated delay on the parts of the complainants in approaching this Forum, for redressal of their grievances, which cannot be gone into by this forum, for lack of jurisdiction by this Forum. Hence, the complaint is dismissed, being hopelessly time barred. No order as to the cost.
9. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room.
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