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2009 Supreme(UK) 361

D.K.JAIN, R.M.LODHA
KANDIMALLA RAGHAVAIAH & CO. – Appellant
Versus
NATIONAL INSURANCE CO. – Respondent


For the Appellant : Mr. P.S. Narasimha, Sr.Adv., Mr. A.V. Rao, Mr. Prabhakar Parnam and Mr. Venkateswara Rao Anumolu, Advs.
For the Respondents:Mr. Ajay Kumar Misra, Sr. Adv., Mr. M.K. Dua, Mr. Kishore Rawat, Ms. Anuradha Dubey Mishra, Mr. Vikram and Mr. Himanshu Munshi, Advocates

JUDGMENT

D.K. 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 damag


































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