Ganesh Shinde (Advocate) 03 August 2011
In one of my case i submitted claim with in time to Tahsildar (as mentioned in the policy) the tahsildar forwarded it to the concerned company , the company has not taken any decission , after wating for long timemy client filed consumer complaint now the company claiming that cause of action starts from death and i should have filed claim within 2 years from the death suggest me on this point
DISHA D. SHAH (lawyer) 05 August 2011
first why you wait for reply?
cause of action also starts when client knows about that he can claim so start from notice period ended
Anjali Behera (not applicable) 28 August 2011
consumer protection act is very clear on the cause of action and expressly provides that complaint should be filed within two years of starting of cause of action.But in your case you can substantiate any communication in between you with either the company or tahasildar which is latest and comes within the time period telling that your problem is finally not resolved on so and so date and within two years and hence within the time period and file your case.for example in case of insurance when the insurance company finally repudiates the claims the cause of action starts.but if the claimant continues communication with the insurance company about complying the causes that period also excluded and the final termination point is taken into consideration.
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