SATYAM TRADERS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) These are sets of three appeals arising from a common order passed by the State Consumer Disputes Redressal Commission Chhatisgarh. As noted by the State Commission, the dispute involved in all the three complaints is similar in nature and the Surveyor has also given one report. All the three claimant firms belong to the same family and, more significantly, the stock of all the firms was stored in a single godown, when allegedly damaged in the rain of 21.9.2006. The three claims arise from three different insurance policy and are for amounts indicated below:- <FRM>JUDGEMENT_299_NCDRC_2011_1.html</FRM>

(2.) It is seen from the order of the State Commission that these matters had earlier been decided by the State Commission on 31.3.2009. The Complaints were dismissed on the ground of the principle of res judicata. However, when the matter came to the National Commission in appeal, the State Commission was directed to deal with the complaints in accordance with law. The respondents were directed to ensure that the Investigator /Surveyor submitted the report within four months and it is filed before the State Commission. The Complainants were directed to co-operate with the Investigator/Surveyor. These directions were passed by the National Commission on 12.1.2010.

(3.) The matter was accordingly considered afresh by the State Commission, Chhatisgarh and final order passed on 12.1.2011. The complaint petitions stand dismissed by the State Commission in this order. Reasons for dismissal are detailed in the impugned order in the following terms:-