AL-ISMAIL TRADERS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Order dated 30th September 2014 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission Lucknow (in short 'the State Commission') in consumer complaint No. 02/SC/2014 has been challenged by the appellant M/s AL-Ismail Traders in the present appeal.

(2.) The brief facts of the present appeal are that the appellant obtained Standard Fire and Special Perils policy No. 460707/46/12/750000227 effective from 24th October 2012 to 23rd October 2013 from the respondent opposite party. On 23rd May 2013, the officers of the Nagar Nigam along with the JCB machine came to the godown of the appellant and demolished the godown and took away the entire stock of the godown. The complainant lodged a claim before the respondent insurance company, however, without appointing any surveyor, the insurance company rejected the claim of the complainant vide their letter dated 26th August 2013. The complainant made representation to the Nagar Nigam and asked for the reasons for demolition, however, when no response was received from them, the complainant filed a consumer complaint before the State Commission for deficiency in service against the respondent opposite party. The insurance company did not file any reply in the matter and the complainant was asked to file ex-parte evidence which the complainant filed. However, the State Commission dismissed the complaint on the ground that the destruction by the municipal authorities is not covered as a peril in the policy.

(3.) Hence the present appeal.