ORIENTAL INSURANCE CO. LTD. Vs. SOMNATH & ANR.

JUDGEMENT

(1.) Instant appeal is directed against the order dated 16.06.2010 passed by the J&K State Consumer Disputes Redressal Commission, Srinagar.

(2.) Two residential buildings of the respondents were insured by the appellant Company- Insurer. The said buildings were allegedly set on fire by some unknown miscreants regarding which case FIR No. 275/97, Police Station, Shopian was registered on 28.09.1997. The period was covered by the insurance when the respondents were not indemnified by the Insurance Company, they filed the complaint before the J&K Consumer Disputes Redressal Commission (hereinafter referred to as Commission) on 22.06.2005. The claim petition was allowed by the Commission where under Rs. 2,00,843/- alongwith 8% interest per annum with effect from two months after the receipt of the surveyor's report dated 23.08.1999 till final payment was made. The cost of litigation is quantified at Rs. 6,000/-. Aggrieved thereby instant appeal has been filed as permissible under Section 17 of the Consumer Protection Act.

(3.) During the course of arguments it was projected by the learned counsel for the appellant that the compliant was time barred as the cause accrued to the respondents on 28.09.1997, the complaint was filed on 22.06.2005 when the compli ant was required to be filed within two years from the date cause of action accrued as prescribed under Section 18(A) of the Act. The learned Commission has not addressed the issue of limitation therefore, order impugned is not sustainable.