YETURU BIOTECH LTD. Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 27.09.2013 in FA No. 434/2012 whereby the State Commission allowed the appeal and dismissed the complaint of the petitioner as barred by limitation.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the petitioner complainant is in the business of manufacture of Biotech products. For that purpose, the complainant procured flexi tubes from M/s Printo Tech Global Limited, Noida II, U.P. and consigned the said goods to M/s Sarvotham Care Limited 197/1, Qutubullapur, Jeedimetla, Hyderabad through M/s New Bharat Golden Road Carriers. The consignment was insured with the respondent insurance company for a sum of Rs.3,07,197/-. It is claimed by the complainant that during transit the consignment got damaged. The claim in this regard was submitted which was not settled by the respondent opposite party. Claiming this to be deficiency in service, a consumer complaint was filed before the District Forum.

(3.) The respondent in his written statement besides denying the allegations made in the complaint took the plea that complaint was barred by limitation for the reason that it was filed on 01.11.2011, five years after the date on which the insured consignment was allegedly damaged.