B Singh (self) 18 July 2012

Time-barred complaint

Fake insurance cover note was issued by the agent in 2005. The consumer complaint was filed in court during the year 2011 after final denial from the company in the year 2011. The OP replied that complaint is time-barred. Although in the complaint it is mentioned that after long correspondence with the company and final denial from the company in the year 2011 the case was filed in consumer court in year 2011.

Do I have to give another application for condonation for delay in filing the case in consumer forum.

If court dismiss the complaint as time-barred is there any remedy or approach the State Commission

Please reply

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 July 2012

You ought to have filed an application for condonation of delay along with the complaint. The said application is decided first and then, if the delay is condoned the original complaint gets numbered. However if the complaint is dismissed then appeal can be filed in the state commission.

shamina sayed (Advocate) 19 July 2012

fake insurance cover note was issued in 2005 but when did you first understood that it was fake?second thing is when did the company denied its liability?the cause of action would run from the date when you were denied and also when it came to your knowledge that it was fake insurance cover note.

Advocate Bhartesh goyal (advocate) 21 July 2012

The cause of action to file complaint before consumer forum arose to you when insurance company had repudiated or denied your claim in 2011 so complaint is not time barred but it is in limitation.

B Singh (self) 25 July 2012

the company have denial in the year 2011 and thereafter the case filed in the year 2011. This means that complaint is not time barred but in limination. Although in the complaint it is mentioned that cause of action arose on final denial by the company. Do I have to submit another application for condonation. Anyhow the case is continued in the court for the last 9 months. It was only the OP party had mentioned that complaint is time-barred and may be dismissed. Can this have any effect.

shamina sayed (Advocate) 27 July 2012

Opposite party may submit number of plea in their written statement for their defence.you just need to be firm on all your averments of complaint.file rejoinder that it is not time barred complaint.

B Singh (self) 27 July 2012

The agent has filed the insurance cover under his own handwriting and signature with the company seal stamp on the cover note. Later on it was found to be fake from the company and filed consumer complaint in forum. When complaint filed the agent replied that it is not his handwriting and signature in his reply. Can I submit an application for handwriting analysis test to consumr forum of the agent to prove that cover note was issued by the agent as there is no other alternate. Please guide