G.N. HALLMARKING Vs. ATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present Appeal, under Sec. 19 of the Consumer Protection Act, 1986 has been filed by the Appellant-Complainant against the order dated 26.09.2014 of the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as "the State Commission) in CC/57/2013.

(2.) The Appellant/Complainant is a company engaged in the business of Gold Jewellery Hallmarking and testing of jewellery, refinery and testing of gold. The Appellant took Jeweller's Block Policy for a sum of Rs.4,52,00,000/- from the Respondents/Insurance Company. The Policy was valid from 04.05.2009 to 03.05.2010. The case of the Appellant/Complainant is that on 01.12.2009, while his employee Jogesh Todkar was returning to his shop after collecting jewellery from jewellers, two unknown persons snatched and fled away with the bag containing jewellery, at Hariram Goenka Street. Thereafter, a Complaint was lodged on the same day at Posta Police Station by the Director of the Appellant Company. Appellant filed an Application under Sec. 156 (3) Cr. P.C. before the Additional Chief Metropolitan Magistrate, Kolkata who, vide order dated 11.12.2009, allowed the application with a direction to the Office-in-Charge of Posta Police Station to register a case and investigate into the matter. The Police submitted the final report on 18 th January, 2012.

(3.) During the course of investigation, the Appellant filed an Insurance Claim with the Respondents/Insurance Company. Loss incurred by the Appellant was intimated to the Respondents/Insurance Company, vide letter dated 02.12.2009. The Respondents appointed Sri Subroto Banerjee as Surveyor, who interrogated Mr. Jogesh Todkar and recorded his statement. The Respondents, however, did not settle the claim, despite several reminders. When the Director of the Appellant personally visited the office of the Respondent to enquire about the status of the insurance claim, he was informed that the claim of the Complainant had already been repudiated. The Appellant, vide letter dated 30.11.2012, requested the Opposite Party to officially communicate the repudiation letter. Appellant was informed that its claim had been repudiated on 09.08.2012. Aggrieved by the repudiation of the claim, the Appellant filed a Consumer Complaint before the State Commission with the following prayer:-