A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ATHYDERABAD.
F.A. 105/2006 against C.D. 10/2005 , Dist. Forum, Adilabad
Between:
Smt. Rathod Vijayalaxmi
W/o. Late Rathod Gundaji
Age: 31 years,
Govt. Employee,
R/o. Narayanpur village
Post: Dhannoor
Boath Mandal,
Adilabad Dist.1. United India Insurance Company Ltd.,
Rep. by its Divisional Manager
Divisional Office, 1454,WrightTown
Jabalpur Dist., Madhya Pradesh
2. United India Insurance Company Ltd.,
Rep. by its Branch Manager
Branch Office, Adilabad
Counsel for the Appellant:
Counsel for the Respondent:
QUORUM:
MONDAY, THE
Oral Order: (Per Hon’ble Justice D. Appa Rao, President)
ppellant is the unsuccessful complainant.
Narayanpur village, Boath mandal of
poisonous snake
Despite informing the said fact and furnishing all these documents, the insurance company failed to pay the death benefits and on that she gave legal notice
while holding that it was barred by limitation and that she was entitled to the policy amount.
We may also mention herein that the complainant had categorically stated that on choose to contradict the averments
Before considering the question of limitation, the question of territorial jurisdiction of the Dist. Forum Jabalpur.
The
The Hon’ble Supreme Court in
“Section 24A of the Consumer Protection Act, 1986 provides that neither the District Forum nor the State Commission nor the National Commission shall admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. The term “cause of action” is of wide import and has different meanings in different contexts, that is when used in the context of territorial jurisdiction or limitation or the accrual of right to sue. It refers to all circumstances or bundle of facts which if proved or admitted entitles the plaintiff (complainant) to the relief prayed for. In the context of limitation
seven months of issuance of notice, she did not file an application
We may state that when the respondent did not choose to express anything in regard to non-payment of amount covered under the policy, despite receipt of legal notices the limitation starts from the date of
In the decision of the Supreme Court relied above, that was a case where Supreme Court and