Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act i986: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986: Damages - Policy taken out by respondent covering damage or loss due to flood and inundation - Damage caused by heavy rain - Claim for Rs. 52 lakhs - Two survey reports quantifying loss .of Rs.24 lakhs - Nothing paid by appellant-insurer - Complaint under CP Act - Repudiation of claim 5 years after the complaint - Award of Rs.21 lakhs by National Commission -Challenged by ·insurer - Held: The appellant-insurer itself took more than two years in surveying or causing a survey of the loss or damage suffered by the insured - Thus, entire delay was attributable to insurer and cannot prejudice the claim of the insured, more· particularly when the insured had lodged a claim well within time - it is well established . that the provision of limitation in the Act cannot be strictly construed to disadvantage a consumer in a case where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the consumer claim - That being so, the National Commission was . quite right in rejecting the contention of insurer in this regard - No . reason to interfere with the order of National Commission . |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 320 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Hindustan Safety Glass Works Ltd. |
SCR | [2017] 3 S.C.R. 520 |
Judgement Date | 2017-04-07 |
Case Number | 3883 |
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