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R.C.JAIN, S.K.NAIK
Chambal Fertilisers and Chemicals Ltd. – Appellant
Versus
IFFCO-TOKIO General Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant :Mr. Arun Khosla, Advocate.
For the Opposite Party:Mr. Rajshekhar Rao, Advocate.

ORDER

R.C. Jain, Presiding Member—M/s. IFFCO-TOKIO General Insurance Co. Ltd./Opposite Party No.1 in the above captioned complaint has filed this application under Section 13, 22, and 24A of the Consumer Protection Act, 1986 (for short the ‘Act’) praying for the dismissal of the complaint on the strength of certain preliminary objections.

2. It is averred in the application that the present complaint has been filed far beyond the stipulated limitation period of two years from the date of the accrual of the alleged cause of action as provided under Section 24-A of the Act. It is stated that the alleged damage to the Carbamate Condenser which has been made the basis of the insurance claim in the present complaint had occurred not later than the year 2005 or in any case as per the complainant’s own showing the cause of action arose on 26th March, 2007 when it discovered the damage to the Carbamate Condenser and therefore looked from any angle, the complaint is patently barred by limitation. Without prejudice to the above submission, it is also stated that the complainant is not a ‘Consumer’ within the meaning of Section 2(1)(d) of the Act, because it is mammoth corporate entity, its ann













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