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VIJAY KUMAR (SELF EMPLOYED)     23 August 2017

Cause of action (time limitation)

Respected members,  a case is going on in consumer court in which issue is related with health insurance policy which was sold by bank with mortgage loan & it was issued in October, 2011. Insured was died March 13 then death claim was initiated in April 2013 & it was paid by insurance company. After knowing that insurance policy was sold under unfair trade practice by bank & insured should have been sold a simple term insurance policy by bank (intermediary of insurance company), an email was forwarded by dependents to bank in May 2014 & after getting no proper action towards issue, a case was filed in consumer court in January 2015.

A case is required to file within 2 years from last cause of action. I want to know, case is filed within time limit or not. As per my best knowledge initiation of death claim is new cause of action & case is filed within 2 years of date of death & death claim received. Please help.........................Thanks & Regards



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 5 Replies

Siddharth Srivastava (Advocate)     23 August 2017

In such case the limitation shall commence from the date when the insurance amount was disbersed to legal heirs of deceased. Considering your quer if limitaion is calcluated from April 2013 the complaint is within limitation. In case of need consult with details. Sidharth 9811776422

Advocate Bhartesh goyal (advocate)     23 August 2017

Cause of action to file complaint arises on the date when insurance company either repudiate the claim or paid the claim partly.insurance company paid claim on April 2013 and complaint filed in 2015 within two years from date of repudiation of claim or partly paid.

VIJAY KUMAR (SELF EMPLOYED)     23 August 2017

@ Adv. Sidharth Srivastav & @ Adv. Bhartesh Goyal, thanks a lot from my core of heart, i was quite tensed & was feeling opposition only can win on the basis of "Cause of Action" in complaint case in NCDRC & all efforts made in case would go in vein. I know facts but not aware with technical grounds. Thanks again.

Siddharth Srivastava (Advocate)     23 August 2017

You are welcome. Sidharth

Siddharth Srivastava (Advocate)     23 August 2017

You are welcome. Sidharth

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