State Consumer Disputes Redressal Commission
Baburam Kushwaha vs O I Co on 1 November, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2011/2297 ( Date of Filing : 25 Nov 2011 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. Baburam Kushwaha a ...........Appellant(s) Versus 1. O I Co a ...........Respondent(s) BEFORE: HON'BLE MR. SUSHIL KUMAR PRESIDING MEMBER HON'BLE MR. Vikas Saxena JUDICIAL MEMBER PRESENT: Dated : 01 Nov 2022 Final Order / Judgement ORAL State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No. 2297 of 2011 Babu Ram Kushwaha s/o Late Raghunath Prasad, R/o House no.114/193 E, Panchwati (Vinayakpur), Zila Kanpur Nagar. ...Appellant. Versus 1- Oriental Insurance Company Ltd. through General Manager, Oriental House, PBA 25/17, Asaf Ali Road, New Delhi. 2- Oriental Insurance Company Ltd. through Mandaliya Prabhandhak, Divisional Karyalaya No.4 16/98, LIC Building, Mahatma Gandhi Marg, Kanpur Nagar. ....Respondents. Present:- 1- Hon'ble Sri Sushil Kumar, Presiding Member. 2- Hon'ble Sri Vikas Saxena, Member. Sri O.P. Duvel, Advocate for appellant. Ms. Alka Saxena, Advocate for the respondents. Date 1.11.2022 JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed by the complainant against the judgment and order dated 15.10.2011 passed by the District Consumer Forum, Ramabai Nagar in complaint case no.186 of 2011, Babu Ram Kushwaha vs. Oriental Insurance Co. Ltd. & anr., whereby the ld. District Forum dismissed the complaint on the ground that the complainant received the compensation amount of Rs.6,000.00 through cheque no.747261 dated 10.8.2000 and signed the discharge voucher regarding policy no.2000/7 and the complaint no.186 of 2011 regarding policy no.42/2000/7 is time barred.
As per the case of the complainant, he took personal accident policy no.42/2000/07 on 20.4.1999 for Rs.1 lac which was valid from 20.4.1999 to 19.4.2000. The complainant further took another policy no.42/2000/13 on26.7.1999 for Rs.3,40,000.00 which was valid from (2) 26.7.1999 to 26.7.2000. On 11.11.1999 at 11.45 a.m. when the complainant was going towards Chota Chauraha, Unnao by his scooter no.UP 78-6828, collided with a bus of Unnao Depot numbering UP-78 B-6680. The complainant got injuries in his right leg, left eye and left ear and he was examined in USD District Hospital, Unnao on 11.11.1999. Crime case no.159/1999 under section 279/337/427 IPC was lodged on 12.11.1999 but the opposite party no.2 did not pay the compensation, therefore, complainant filed civil misc. writ petition no.41312 of 2000 which was disposed of by the Hon'ble High Court, Allahabad on 13.10.2000 but the opposite party no.2 repudiated the claim of the complainant on 2.1.2001. Thereafter, the complainant filed another writ petition no.33758 of 2001 which disposed of on 6.12.2006 whereby the Hon'ble High Court directed the complainant to file a consumer case. Thereafter, the complainant filed complaint case to get the compensation from the insurance company.
The opposite parties contended that accident took place on 11.11.1999 while the complaint was filed on 21.4.2008 which is time barred according to the provisions of the Consumer Protection Act.
Considering the rival arguments/evidence of the parties, the ld. District Forum concluded that the complaint is time barred and dismissed the complaint on this very ground.
This appeal has been filed on the ground that the complainant could get the certified copy of the order of the Hon'ble High Court on 2.2.2007 and after getting the certified copy of the order filed the complaint in 2008.
We have heard the ld. Counsel for the parties and have perused the impugned judgment and record of the file.
The ld. Counsel for the appellant argued that initially the case was filed before the District Consumer Forum, Kanpur Nagar later on district Ramabai Nagar was carved out from Kanpur Nagar and a new no.186 of 2011 was allotted and due to this new numbering, ld. District Forum, Ramabai Nagar considered that the complaint is time barred while the complaint is within time since the complainant seeks the relief from the Hon'ble High Court.
(3)On perusal of the judgment, this fact is clearly reveals that the ld. District Forum, Ramabai Nagar considered the filing of this complaint in 2008 and in 2011 as the ld. District Consumer Forum clearly mentioned both, old and new number, on the heading of the judgment. As per allegation of the complaint itself, the Hon'ble High Court disposed of the writ petition no.33758 of 2001on 6.12.2006. This petition was filed in 2001. This period certainly exempted under the provisions of section 14 of the Limitation Act. Thereafter, the complaint was filed on 21.4.2008. The accident took place on 11.11.1999 and the complaint should have filed within 2 years from the date of accident, if there was no repudiation. Therefore, finding of the ld. District Forum that the complaint is time barred is according to the provisions of section 24(A) of the Consumer Protection Act, 1986. The appeal deserves to be dismissed.
ORDER Appeal is dismissed.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Sushil Kumar) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Vikas Saxena) (Sushil Kumar) Member Presiding Member Jafr, PA I Court 3 [HON'BLE MR. SUSHIL KUMAR] PRESIDING MEMBER [HON'BLE MR. Vikas Saxena] JUDICIAL MEMBER