KANDIMALLA RAGHAVAIAH AND CO Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) 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 :

(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.