Hon'ble JAIN, J.— Challenge in this Appeal under Section 23 of the Consumer Protection Act, 1986 (“the Act”, for short) is to a common judgment and order dated 17th April, 2002, passed by the National Consumer Disputes Redressal Commission, (“the Commission”, for short) in Original Petitions No. 97 of 1996 and 248 of 1997, whereby the Commission has dismissed appellant’s two complaints alleging deficiency in service against two different insurance companies on account of non-settlement of insurance claims made by the appellant, on the ground that both the complaints were barred by limitation under Section 24A of the Act.

2. The salient facts giving rise to the appeal are as follows: The appellant firm was engaged in the business of tobacco at Chelakaluripet, Guntur District, Andhra Pradesh. They constructed godowns in the premises of M/s Kandimalla Venkateswarlu at Padripuram, in the same district for storage of tobacco. On 4th December, 1987 the appellant took out a Fire Policy ‘C’ with the National Insurance Company — Respondent No.1 in this appeal (subject matter of O.P. No. 248 of 1997), in the account of the Indian Bank – Respondent No.2 herein, against loss or damage by fire etc. for a period of 4 months from 4th December, 1987 to 3rd April, 1988 for a sum of Rs.1,35,000/- and paid a premium of Rs.17,634/-. On 8th March, 1988 the appellant obtained loan from Respondent No.2 — Indian Bank by hypothecating the tobacco stored in the godowns. In the intervening night between 22nd and 23rd March, 1988 a fire broke out in the godowns, allegedly due to electrical short circuit and the entire stock of tobacco was gutted. The appellant reported the matter to the present contesting parties, i.e., both the Insurance Company and the Bank. On 24th March, 1988 a Surveyor was appointed by Respondent No.1 — Insurance Company, who submitted his report on 2nd April, 1988.

3. However, it appears that on 23rd March, 1988 i.e., the date of the incident, Respondent No.2 - the Bank lodged First Information Report (FIR) against the appellant firm and its partners resulting in filing of Criminal Case No.72 of 1988 against them under Sections 380, 420, 423, 436, 457, 484 read with Section 120(B) of the Indian Penal Code (IPC), inter alia, alleging that they had intentionally set fire to the tobacco stocks with a view to lay a false claim for loss of stocks. After the trial, the accused were acquitted by the Sessions Judge, Narasaraopet on 22nd August, 1991. Appeal filed by the Bank against order of acquittal was dismissed by the High Court on 5th September, 1992.

4. In the meanwhile, on 14th July, 1988, Respondent No.2 - the Bank preferred a claim (subject matter of the present appeal) with Respondent No.1 - the Insurance Company for an amount of Rs.1,32,85,760/-. It seems that the Bank did not pursue the claim. On 6th November, 1992, the appellant asked for the claim form from the Insurance Company - Respondent No.1. Having failed to get any response, on 26th October, 1995 issued a legal notice to Respondent No.1. On 4th January, 1996, the appellant again asked for claim forms but still there was no response. Ultimately, on 21st March 1996 the Insurance Company replied to the legal notice, denying the factum of fire and refused to issue the ‘claim form’ on the ground that the claim had become time-barred.

5. On 21st October, 1997, the appellant filed the complaint before the Commission. Before the Commission, appellant’s case was that they had asked for the ‘claim form’ from the insurance company on 6th November, 1992, which was not given although Respondent No. 2 —Bank being a ‘co-insured’ had lodged a claim with the Insurance Company on 14th July, 1988, and they were pursuing their claim with the Insurance Company on behalf of the appellant. Since the denial of the Insurance Company in honouring the claim was received on 21st March 1996, the period of limitation to file complaint would commence from that date and therefore, their complaint before

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