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AVM J. RAJENDRA
Choki Dhani Resorts Pvt. Ltd. – Appellant
Versus
Area Manager, United India Insurance Co. Ltd. – Respondent
ORDER
This Revision Petition No.1892 of 2018 challenges the order of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (‘State Commission’) dated 09.04.2018. Vide this order, the State Commission dismissed Appeal No. 724 of 2017 and affirmed the order of the District Consumer Disputes Redressal Forum, Jaipur (‘District Forum’) dated 03.01.2008 wherein the District Forum, dismissed the Complaint filed by the Petitioner as barred by limitation.
2. Brief facts of the case, as per the Petitioner/Complainant, are that M/s. Pink Pearl Laser and Amusement Private Limited had obtained a public liability insurance policy from the Respondents, with policy number 2003/140300/48/03/00083, valid from 09.04.2003 to 08.04.2004, and a sum assured of Rs.20 Lakhs. On 20.09.2003, during the policy period, Rajendra Singh, a student of Saraswati Vidya Mandir, died from an electric shock at Pink Pearl Water Park. The mother of Rajendra Singh filed a Civil Suit No. 98/2004 seeking compensation, and the learned District Judge, Jaipur awarded her Rs. 2 Lakhs along with interest at 9% per annum from the date of the order (03.01.2008) until realization. The suit against the Insurance Company
National Commission – The powers of the National Commission are very limited. Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has....
A consumer complaint must be filed within two years of the cause of action, specifically the date of claim repudiation; prolonged correspondence does not extend this period, and any delay requires a ....
: Limitation : Repeated representations will not extend period of limitation.
Insurance Policy – Vehicle Insurance – Theft – Insurance Company cannot travel beyond the reasons stated in repudiation letter.
The main legal point established in the judgment is the liberal construction of the Consumer Protection Act, 1986 in favor of consumers, the enforceability of a decree passed by the Civil Court throu....
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
(1) Sufficient Cause - Thus, it is appropriate to observe that it feels satisfied that the circumstances of the case are such that the State Commission ought to have condoned the delay for the reason....
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
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