KAMAL SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/complainant against the order dated 15.02.2010 passed by the Uttarakhand State Consumer Disputes Redressal Commission, Dehra Dun (in short, 'the State Commission') in Appeal No. 138 of 2007 Kamal Singh Vs. The New India Assurance Co. Ltd. by which, order of District Forum dismissing complaint was upheld.

(2.) BRIEF facts of the case are that petitioner/complainant's Jeep No. UP 08/5216 insured by respondent/OP met with an accident on 23.12.2002 during subsistence of insurance. As a result of accident, vehicle got totally damaged. Intimation was given to police as well as OP. OP deputed surveyor on 10.5.2004 and complainant had completed all the formalities regarding submission of claim; even then OP refused to pay any amount vide letter dated 18.12.2005; hence, alleging deficiency filed complaint before District Forum on 31.5.2005. OP contested complaint and submitted that claim being time barred, complaint be dismissed. Learned District Forum after hearing both the parties dismissed complaint as time barred. Appeal filed by the complainant was also dismissed against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that learned State Commission has committed error in dismissing appeal on the ground of claim being time barred, whereas claim of the complainant has so far not been repudiated by OP; hence, claim is within limitation.