SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Online)(NCDRC) 1295

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE DEEPA SHARMA, PRESIDING MEMBER, MR. SUBHASH CHANDRA, MEMBER
MEENA DEVI – Appellant
Versus
LIC OF INDIA – Respondent


For the Appellants/Petitioners:Mr.Arpit Gupta, Advocate
For the Respondents:Ms.Meghna Sankhla, Advocate with Mr.Kapil Sankhla and Mr.Devesh Matta, Advocates

Table of Content
1. limitation period starts from claim denial. (Para 2)
2. consumer protection act facilitates claims based on consumer interest. (Para 5 , 19)
3. past cases misapplied; relevant facts distinguish this case. (Para 8 , 12 , 13)
4. combining insurance claim laws with consumer protection enhances claimant rights. (Para 16 , 18 , 20)
ORDER

JUSITCE DEEPA SHARMA, PRESIDING MEMEBR

The present Appeal has been filed against the order dated 15.12.2018 in CC No. 86/2017. The Complaint was dismissed on the ground that it was barred by limitation as provided under section 24-A of the Consumer Protection Act, 1986 (now repealed by Consumer Protection Act, 2019).

2. The complainant has challenged the impugned order in the present appeal on several counts. It is submitted that the order of the State Commission is fraught with illegality. It is submitted that as per Article 44-A of Limitation Act, 1963 , a suit can be filed on a policy of insurance when the same is payable on the death of insured either within 3 years from the date of death of insured or where the claim under the policy is filed with the Insurance Company within 3 years from the date of such denial of the claim wholly

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top