LAWS(NCD)-2012-11-80

KALI RAM GOYAL Vs. UNION BANK OF INDIA

Decided On November 08, 2012
Kali Ram Goyal Appellant
V/S
Union Bank of India And Anr. Respondents

JUDGEMENT

(1.) This First Appeal has been filed by Kali Ram Goyal (hereinafter referred to as the 'Appellant') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission') which had dismissed his complaint against the Union Bank of India and the National Insurance Co. Ltd. (hereinafter referred to as "Respondent Nos. 1 and 2" respectively) who were opposite parties therein.

(2.) The above contentions were contested by the Respondent No. 2/Insurance Company on the grounds that Appellant had taken an insurance policy only in respect of the ground floor premises whereas the loss had taken place mainly on the first floor of the premises and secondly, the insurance policy had been taken to cover godown risk whereas the premises were being used as a shop where sale and purchase was being conducted. Further, Appellant had been asked on several occasions to furnish details and papers concerning his business but he failed to submit the same despite repeated requests. The Surveyor had on the basis of a detailed survey, assessed the loss as Rs. 6,35,647 which was paid to the Appellant.

(3.) The State Commission after hearing both parties and on the basis of evidence produced before it, dismissed the complaint by observing as follows: