AIR 2017 SUPREME COURT 1900 ::2017 (3) ABR 655 ::(2018) 1 CLR 1138 (SC) ::(2017) 4 CivLJ 157 ::2017 (5) SCC 776 ::(2017) 3 CurCC 76 ::AIR 2017 SC (Civil) 1495 ::(2017) 3 AllMR 451 (SC) ::(2017) 2 Raj LW 1668

Supreme Court Of India

Hon'ble Judge(s): Madan B. Lokur, Prafulla C. Pant , JJ

(A) Consumer Protection Act (68 of 1986) , S.24A— Insurance claim - Complaint before National Commission - Limitation - Provisions of Limitation in Act cannot be strictly construed to disadvantage of consumer - Insurance Company itself taking more than two years in surveying loss or damage suffered by insured - Delay is attributable to Insurance Company and cannot prejudice claim of insured - Complaint not barred by limitation. (Para 17 18) (B) Consumer Protection Act (68 of 1986) , S.24A— Insurance claim - Bona fide Surveyor's report regarding damage or loss suffered by insured - Plea that alleged loss caused due to accumulation of dust and not as result of inundation/flood being contrary to Surveyor's report - Cannot be accepted. (Para 20) (C) Consumer Protection Act (68 of 1986) , S.21— Insurance claim - Findings of National Commission that explosion occurred in machine resulting into short circuit and consequent loss or damage to insured - Based on evidence on record, calls for no interference. (Para 23 24 25) .....