Consumer case
advocate dhiraj agrawal
(Querist) 21 August 2013
This query is : Resolved
dear sir/ madam.
i am working on a consumer case against, A insurance company for a claim of Rs 14 lacs.
my party had insured his godown with insurance company for Rs. 14 lacs. after somedays in his godown, fire was outbroked. there was a loss of 32 lacs.
we claimed for 14 lacs, the surveyor came & wrong reports , we spoke with the company executives many times but finally THE INSURANCE COMPANY REPUDATED THE CASE after 1 year 6 months. we went for higher authority also, but no results came out.
at that time we saw that we are unable to go with ombudsman, so we decided to go with consumer forum, as the coverage was of Rs. 14 lacs, we file the case at DISTRICT FORUM for the compansation of Rs 14 lacs .
after 6 months, on the first day of appearance, the respected magistrate told that as the LOSS IS ABOVE 20 LACS, compansation is not a mtter. SO IT MUST BE FILED AT STATE FORUM LEVEL.
as the time limit is gone above two years & as per the rule , as the compansation is below 20 lacs the case must be filed at district consumer court. i am confused .
WHAT SHOULD I DO ? PLEASE GUIDE ME.
THANKS
ADVOCATE DHIRAJ AGRAWAL
ODISHA
V.T.Venkataram
(Expert) 22 August 2013
1. Please note that When the cause of action continues to exist, the filing of the case is not barred by limitation .You can log on to http://www.advantageconsumer.com/consumer.html for a case law in this regard.
2. Please note that the AMOUNT CLAIMED is 14 lakhs only, and the district forum alone has the jurisdiction to entertain the complaint.
3.While filing the consumer complaint , the above facts, with a copy of case law quotated above must be stated in the complaint
