SWAGAT APPARELS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 04.06.2009 passed by the learned State Consumer Disputes Redressal Commission, Maharashtra (in short, 'the State Commission') in Appeal No. 1536/08 � The New India Assurance Co. Ltd. Vs. M/s. Swagat Apparels by which appeal filed by the OP/Respondent was allowed and order passed by the District Forum allowing complaint partly was dismissed.

(2.) BRIEF facts of the case are that the complainant/petitioner obtained insurance policy from the OP/respondent for its industrial unit. During subsistence of policy in December, 2004, complainant found that readymade shirts and cloth of Rs.2,96,000/- were missing from insured factory premises, therefore a report was lodged with the Police station and claim was preferred before the Respondent-Insurance Company. Respondent-Insurance Company got the claim investigated through its investigator and repudiated the claim. Hence, complaint was filed to claim Rs.2,96,000/-. OP/respondent filed written statement and alleged that no incident of burglary took place as per report of the investigator and further submitted that insured premises roof was found of Asbestos sheets against the declaration of RCC roof in the proposal form. It was further alleged that no evidence was given in support of stock of readymade garments at the insured place. Learned District Forum after hearing both the parties partly allowed the complaint to the extent of Rs.2,40,000/- and the learned State Commission vide impugned order set aside the order of the District Forum and dismissed the complaint.

(3.) HEARD learned Counsel for the parties and perused record.