S.B.MHASE, S.R.KHANZODE, NARENDRA KAWDE
Sameer Patil – Appellant
Versus
ICICI Lombard General Insurance – Respondent
S. B. Mhase. President— Heard Advocate Irfan A. Shaikh for the Complainant. This matter was kept yesterday i.e. 16/Nov/2011 for hearing on admission. Since the point of limitation was raised by the State Commission in view of provisions of Section 24A of the Consumer Protection Act, 1986 (‘the Act’ for brevity), the Learned Counsel for the Complainant sought time and has per his request the matter is placed today for admission. Heard.
2. Section 24A of the Act mandates the Consumer Fora shall not admit a consumer complaint unless it is filed within a period of two years from the date on which the cause of action has arisen and, therefore, a duty has been cast upon the Consumer Fora at the time of hearing the complaint for admission to see as to whether the complaint is filed within the prescribed period of limitation as provided under the said Section and further to see if there is a delay, whether any application for condonation of the delay is made.
3. The facts involved in the present consumer complaint are as follows:
The Complainant has taken from the Opponent, namely ICICI Lombard General Insurance Company (hereinafter referred to as ‘the Insurance Company’ for
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