21 June 2024 Consumer Protection Act >> Consumer Rights  

A recent order by the National Consumer Disputes Redressal Commission (NCDRC) highlights the importance of filing insurance claims within the stipulated timeframe. The case involved a petitioner whose truck was stolen in September 2008. While the petitioner informed the insurance company about the theft in September 2008 and 2009 (as per their claim), they waited until September 2015 to file a consumer complaint against the insurance company for denying the claim.

Both the District Forum and the State Commission dismissed the complaint as it was filed beyond the limitation period. The petitioner then filed a revision petition with the NCDRC challenging these orders. However, the NCDRC upheld the decisions of the lower forums.

Reasoning Behind the Dismissal:

The NCDRC's decision rested on several key points:

• Limitation Period: The revision petition was dismissed because the consumer complaint exceeded the limitation period for filing such claims.
• Repeated Representations Don't Extend Limitation: The NCDRC emphasized that simply making repeated requests or representations doesn't extend the limitation period for filing a complaint.
• Concurrent Findings of Fact: The NCDRC acknowledged that both the District Forum and the State Commission had reached concurrent findings on the facts of the case.
• Limited Revisional Jurisdiction: The NCDRC's power to revise orders is limited. It cannot be used to overturn factual determinations made by the lower forums unless there's evidence of illegality or irregularity.