SWASTIK ENTERPRISES Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) IN this appeal there is challenge to order dated 14.11.2011 passed by State Consumer Disputes Redressal Commisson, Delhi (for short as 'State Commission') vide which complaint of the appellant was dismissed.

(2.) BRIEF facts are that appellant/complainant firm engaged in the business of cotton fabric development and trading obtained a Buyer and Special Perils Policy from the respondent/OP -insurance company, prevalent from 19.09.2003 to 18.09.2004 for an insured sum of Rs.43 lacs, which included insurance of building for Rs.3 lacs, and Rs.40 lacs for category -I stocks. A fire engulfed the premises on the intervening night of 9th/10th January 2004 and as per appellant pieces of clothes weighing 36000 kg amounting to Rs.30,10,045/ - which appellant had purchased @Rs.80/ - per Kg, from M/s. Jaya Traders, 815, Kedar Building, Clock Tower, Subzi Mandi, Delhi -11006 and from S.S. Trading Co. 3/5144, Krishan Nagar, Karol Bagh, New Delhi -110005, were burnt as a result of fire. Details of bills and invoices of these firms issued towards the sale and their payment by the appellant through bank have been mentioned in the statement of bank account.

(3.) ON 27.01.2004, the appellant filed its claimbefore the respondent to pay Rs.30,57,141/ - towards the loss. Respondent appointed Atul Kapoor and Co. as its surveyor. The surveyor vide its report dated 31.3.2004 expressed its inability to recommend payment of claim for the following reasons;