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AIR 1997 SUPREME COURT 2938 ::1997 AIR SCW 2956
Supreme Court Of India
Hon'ble Judge(s): K. Ramaswamy, D. P. Wadhwa , JJ

(A) Consumer Protection Act (68 of 1986) , S.24A— (as insertedi n1993) Limitation Act (36 of 1963) , Art.44— Claim on insurance policy - Limitation - Complaint filed on basis that insurer had wholly denied the claim - Cause of action arises on date of denial of policy by insurer - Time begins to run from date of denial/repudiation of policy by insurer. (Para 8) (B) Consumer Protection Act (68 of 1986) , S.2(d)(ii)— 'Consumer' - Beneficiary of hired services - Marine insurance policy - Policy assigned to the Assignee by the insured much after goods had reached port of destination and after lapse of policy - Assignee cannot be said to be beneficiary of any service under the policy - Assignee is not a 'consumer' - Complaint by assignee under Act against insurer for deficiency in service, is not maintainable - He only has right to recover loss on account of short landing of goods from insurer by filing civil suit. (Para 11) .....

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