w w w . L a w y e r S e r v i c e s . i n



United India Insurance Company Limited v/s Bhilai Engineering Corporation Ltd.


Company & Directors' Information:- M & B ENGINEERING LIMITED [Active] CIN = U45200GJ1981PLC004437

Company & Directors' Information:- G. R. ENGINEERING PRIVATE LIMITED [Active] CIN = U65990MH1990PTC058602

Company & Directors' Information:- BHILAI ENGINEERING CORPORATION LIMITED [Active] CIN = L29111CT1960PLC000913

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- V U B ENGINEERING PRIVATE LIMITED [Active] CIN = U29290MH2005PTC154033

Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

Company & Directors' Information:- H M G ENGINEERING LIMITED [Active] CIN = U45200MH1977PLC019533

Company & Directors' Information:- K R R ENGINEERING PRIVATE LIMITED [Active] CIN = U29309TN1989PTC016852

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = U28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

Company & Directors' Information:- J P ENGINEERING CORPN PVT LTD [Active] CIN = U34103WB1951PTC019638

Company & Directors' Information:- S N B ENGINEERING PRIVATE LIMITED [Active] CIN = U27106DL2007PTC301213

Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- C L ENGINEERING PRIVATE LIMITED [Active] CIN = U34300PB1992PTC012057

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- K B ENGINEERING CO PVT LTD [Active] CIN = U74160TG1988PTC008366

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U00350PB2006PLC029521

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- UNITED ENGINEERING COMPANY PVT LTD [Active] CIN = U34201WB1985PTC038966

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- BHILAI ENGINEERING COMPANY LIMITED [Active] CIN = U36912CT2013PLC000914

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- J B L ENGINEERING PRIVATE LIMITED [Active] CIN = U28112MP2008PTC021459

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- K. S. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U36999HR2007PTC036660

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- J K B ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300TN1996PTC036482

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- P T S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U74210TZ2011PTC016944

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- M N B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U70101TN2005PTC057442

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- G B L ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29130RJ1998PTC015182

Company & Directors' Information:- N T ENGINEERING COMPANY PVT LTD [Strike Off] CIN = U99999PY1986PTC000445

Company & Directors' Information:- THE UNITED ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U00349KA1946PTC000438

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- M. M. K. ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U29305MH2014PTC252830

Company & Directors' Information:- K-4 ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31400MH2010PTC204004

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- T A ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28992CH2003PTC025800

Company & Directors' Information:- M N A ENGINEERING PVT LTD [Strike Off] CIN = U45202CH2006PTC030215

Company & Directors' Information:- A A P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U27106DL2005PTC138318

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- S. Z. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2014PTC274095

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- J N ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC278906

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- A N D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51502DL2012PTC242516

Company & Directors' Information:- R R V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089342

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- S J P ENGINEERING CO. PRIVATE LIMITED [Strike Off] CIN = U51505KA2002PTC030808

Company & Directors' Information:- S I ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27109UP1967PTC003182

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

Company & Directors' Information:- F M P ENGINEERING PVT LTD [Strike Off] CIN = U29259GJ1965PTC001337

    Appeal No. FA/19/818

    Decided On, 25 January 2020

    At, Chhatisgarh State Consumer Disputes Redressal Commission Raipur

    By, THE HONOURABLE MR. JUSTICE C.B. BAJPAI
    By, PRESIDENT & THE HONOURABLE MRS. RUCHI GOEL
    By, MEMBER

    For the Appellant: P.K. Paul, Advocate. For the Respondent: Sameer Kumar Tripathi, Advocate.



Judgment Text


C.B. Bajpai, President

1. The appellant/O.P. had filed this appeal being aggrieved by the order dated 19.09.2019, passed by the District Consumer Disputes Redressal Forum, Durg (C.G.) (in brevity "District Forum") in Complaint Case No.C.C./18/1008 whereby and whereunder the concerned District Forum, has partly allowed the complaint filed by the respondent/complainant and directed the appellant/O.P. to pay compensation and granted other reliefs to the respondent/ complainant, as per para 15 of the impugned order.

2. Learned counsel for the appellant/O.P. advanced his arguments and would submit that undisputedly Shri Khalid Khan was admitted in the hospital for the period from 28.08.2014 since 01.11.2014 and he died on 01.11.2014. There was an insurance policy for the period from 18.10.2013 to 17.10.2014 for Rs.3,00,000/-, thereafter the said insurance policy was renewed for the period from 18.10.2014 to 17.10.2015. On 24.12.2014, the appellant/O.P. had settled the claim for the entire insured amount i.e. Rs.3,00,000/-. The respondent/complainant had received Rs.3,00,000/- on 24.12.2014 without making any protest. With this, the hospitalization claim will fall only in the former insurance period and it's maximum sum insured Rs.3,00,000/- has already been disbursed. Despite such disbursement, the respondent/complainant had filed the complaint before the concerned District Forum on 10.08.2018, means thereby the complaint is barred by limitation by one year, seven months and sixteen dys for which no any application has been filed by the respondent / complainant under Section 24A of The Consumer Protection Act, 1986, for condonation of delay and the said delay was never condoned, hence the complaint can not be entertained as it is barred by limitation. Learned counsel for the appellant/O.P. placed reliance in II (2009) CPJ 29 (SC)=II (2009) SLT 793 State Bank of India v. B.S. Agricultural Industries (I), in which Hon'ble Apex Court held that as the limitation began to run from June, 1994 and the complaint filed on May 5, 1997, apparently the complaint is time barred. Letters sent to Bank and Bank's reply is of no help to complainant.

Limitation cannot be extended by the Bank's reply. Also no application for condonation of delay filed. No sufficient cause for delay shown. question of condonation of delay does not arise. The Hon'ble Apex Court held that the complaint stands dismissed as time barred. Learned counsel for the appellant/O.P. would submit that the cited case law is squarely covered in the present matter as simply letter dated 16.08.2018 written by the appellant/O.P. document Ex.A-1 cannot extend the cause of action, hence complaint is time barred. The next submission on behalf of the appellant/O.P. was that first policy was for the sum assured Rs.3,00,000 , the period was 18.10.2013 to 17.10.2014 as per para 8 of the complaint, hence the cause of action would arose on 28.08.2014 the date on which Shri Khalid Khan was admitted in the hospital and as the ailment was continuous, though the policy was renewed for the period from 18.10.2014 till 17.10.2015, but for the renewal of the policy no fresh cause of action arose. There was contract for Rs.3,00,000/- only and the Insurance Company gave entire Rs.3,00,000/- to the respondent/complainant. The said amount was not received under protest. No any letter mentioned for that, hence the appellant/O.P./Insurance Company made full and final settlement for the first contract, as per terms and conditions of the insurance policy condition No. 3 on one illness, which is reproduced here for relevance :-

"3. ANY ONE ILLNESS :

Any one illness will be deemed to mean continuous period of illness and it includes relapse within 105 days from the date of discharge from the Hospital / Nursing Home from where treatment was taken. Occurrence of same illness after a lapse of 105 days as stated above will be considered as fresh illness for the purpose of the policy."

2.1. Learned counsel for the appellant/O.P would further submit that since the ailment was in continuing, the cause of action arose on 28.08.2014 continued till unfortunate death of Shri Khalid Khan, hence the payment of renewal of policy would not help hence, the concerned District Forum committed mistake of law and facts while granting reliefs, hence the appeal may be allowed and impugned order passed by by the concerned District Forum, may be quashed.

3. Per contra, learned counsel for the respondent/complainant would submit that by sending letter dated 16.08.2016, the appellant/O.P. informed regarding closure of claim file after full and final settlement of the claim. Prior to this, he never decided the claim as full and final settlement, never communicated anything for the claim pending, hence, the cause of action arose on 16.08.2016 the date of the letter not the acceptance of Rs.3,00,000/- dated 24.12.2014 and the appellant/O.P. in their written version para 7 pleaded that the letter dated 16.08.2016 is in reply of letter sent by the respondent/complainant dated 14.05.2016, hence the complaint is within limitation and also within the continuance of first insurance policy insured was admitted in the hospital and during his admission in the hospital, the insurance policy has been renewed on 18.10.2014 and as Shri Khalid Khan died on 01.11.2014, the second policy was continued, hence the condition No.3 of the terms and conditions of the insurance policy regarding one illness is not applicable in the present matter as the said insured was hospitalized during the period of second policy and he was not discharged by the hospital, ultimately he died on 01.11.2014, hence the said condition is not applicable. Learned counsel for the respondent/complainant would submit that the impugned order passed by the concerned District Forum, is in accordance with law and facts, hence the same may be affirmed and appeal filed by the appellant/O.P. may be dismissed.

4. We have perused the impugned order dated 19.09.2019, passed by the concerned District Forum in Complaint Case No.C.C./18/1008 and record of the concerned District Forum.

5. On perusal of the entire matter, we have observed that the respondent/complainant deliberately not filed copy of his letter dated 14.05.2016. With this, we could not know the contents of the said letter. We can only take notice regarding reply dated 16.08.2016 document Ex. A-1, as per said reply since the hospitalization claim will fall only in the former insurance policy period and it's maximum sum assured Rs.3,00,000/- was already disbursed on 24.12.2014 and the file was closed after full and final settlement of the claim. They is no any letter produced regarding the acceptance of Rs.3,00,000/- under protest. One more thing we had observed that vide letter dated 20.06.2018 Ex. A/2, the appellant/O.P. returned the Original Mediclaim documents of Shri Khalid Khan, asked by the respondent/complaiant for their records and accounting purpose, but the letter of request dated 20.06.2018 written by the respondent/complainant is also not filed, goes to show that the respondent/complainant deliberately hided the fact regarding contents of aforementioned two letters for which adverse inference is attracted subject to other facts, since there was no any letter under protest for acceptance, in response to the claim, the Insurance Company had disbursed Rs.3,00,000/-, which was accepted by the respondent/complainant on 24.12.2014. With this the cause of action to file complaint arose only on 24.12.2014 not on 16.08.2016, as accepted by the concerned District Forum, but the case law cited on behalf of the appellant/O.P. of Hon'ble Apex Court is applicable and covered in the present matter, as the letter and Insurance Company's reply is of not help for extension of limitation also in this matter. The complaint is barred by limitation by one year seven months and sixteen days. For condonation of delay, no any application has been filed by the respondent/complainant under Section 24A of The Consumer Protection Act, 1986. There was no any condonation of delay by the concerned District Forum. With this, the complaint cannot be entertained and as the Hon'ble Apex Court in State Bank of India Vs. B.S. Agricultural Industries (I) (Supra), held that the complaint stands barred by limitation. We are of the view that in the present matter also, the complaint was barred by limitation and any condonation of delay neither prayed for nor condoned for.

6. Regarding another point raised on behalf of the appellant/O.P., we have also observed one material point that the respondent/complainant had submitted duly filled in claim form along with documents before the appellant/O.P. after the death of Shri Khalid Khan. Copy of the said claim form is not filed by the respondent/complainant. If the said claim form would have been filed , the Consumer Court certainly had taken judicial notice that for how much amount the respondent/complainant had filed claim before the appellant/O.P. Non-production of said claim form also lead adverse inference against the respondent/complainant. One more point we have observed that though premium for renewal of the policy paid for the period from 18.10.2014 to 17.10.2015, but on the date of renwal of the policy i.e. 18.10.2014, Shri Khalid Khan was taking treatment already admitted in the hospital in continuity 28.08.2014 till his unfortunate death on 01.11.2014. There is no any material on record to demonstrate whether the respondent/complainant ever informed the appellant/O.P. in writing that on 18.10.2014 the insured is already admitted in the hospital since 28.10.2014 he is ailing and being treated as a indoor patient, goes to show that this material information also not informed to the appellant/O.P. The appellant/O.P. came to know regarding the claim only after death of Shri Khalid Khan and also the said claim form is not filed by the respondent/complainant for the reasons best known to him. The respondent/complainant is a Company, who had taken such Group Mediclaim Policy certainly he would have made claim before the appellant/O.P. in writing with duly filled in form and documents. Why the industrial Company had not filed copy of said claim application and also on perusalof the terms and conditions of the insurance policy condition no.3 it is applied in the present matter as the hospitalization claim will fall only in the former policy period and as the appellant / O.P. already made full and final payment Rs.3,00,000/- regarding his claim to the respondent/complainant, now the respondent/complainant cannot get amount towards renewal of insurance policy as the ailment was in tontinuity.

7. On perusal of the entire matter, we hold tht the complaint was barred by limitation. With this, the complaint s

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tands dismissed and also as the respondent/complainant failed to prove any deficiency in service or professional mis-conduct on the part of the appellant/O.P., on the other hand the respondent/complainant had not filed copy of claim form, also not filed copy of his letters dated 14.05.2016 and 20.06.2018, also not intimated the appellant/O.P. regarding continuing ailment and admission of Shri Khalid Khan and looking to the condition No.3 of the terms and conditions of the insurance policy, the respondent/complainant is not entitled for any settlement with the second insurance policy looking to the entire facts. With this, the appeal filed by the appellant / O.P. had substance. 8. On the basis of aforementioned facts, provisions of law and appreciation, we hereby dispose off this appeal as follows :- (1) The appeal filed by the present appellant/O.P., is hereby allowed. (2) The impugned order dated 19.09.2019, passed by the concerned District Forum, in Complaint Case No.C.C./18/1008, is hereby quashed. (3) The parties to this appeal shall bear their cost of this appeal themselves. (4) The appeal is thus allowed. Appeal disposed of.
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