Judgment

Dipak Misra, J.

The present appeal, by special leave, assails the judgment and order dated 20.08.2007 passed by National Consumer Disputes Redressal Commission, New Delhi (for short “the Commission’) in First Appeal No.189 of 2007 whereby it has affirmed the Judgment and Order dated 15.2.2007 passed by the State Consumer Disputes Redressal Commission, Union Territory of Chandigarh (for short, “the State Commission”) in complaint case No. 82/2002 (Pb)/RBT No. 46 of 2006 wherein the State Commission had rejected the claim of the complainant-appellant on two counts, namely, the claim was barred by limitation, and that under the postulates of the policy, it was totally untenable.

2. The factual score that is essential to be depicted is that the appellant, a small scale industry and a proprietary concern dealing in handicraft goods, being desirous of exporting its goods to a buyer, namely, M/s Treasures of India, Atlanta, USA took insurance cover from the first respondent on 15.6.1999 and accordingly the appellant was issued a Shipment Comprehensive Risk Policy on the same date. The maximum liability of the respondent-insurer under the policy was Rs.30 lakhs. The insurer had initi