HIND CONSTRUCTION CO Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) This appeal is directed against the exhaustive and considered order of the District Forum, Ambala dismissing the complaint preferred by the appellants.

(2.) The twin relief sought in the complaint was first the recovery of Rs.6,094/- with interest on account of the payment of premium instalments at an excessive rate. Secondly an amount of Rs.33,038/- was claimed as the difference between the insurance claim lodged by the appellants and the amount approved and paid by the respondent. It was the case that the appellants had insured their workshop premises including the goods and materials therein vide insurance policies detailed in para 2 of the complaint for the year 1987-1988 and 1988-1989. It was alleged that the complainant concern was registered as a Small Scale Industries Unit (hereinafter referred to as S. S. I) and this fact was known to the respondent and the complainant had submitted an affidavit in this regard. Never the less the respondent concern charged the premium for the ordinary industrial units instead of the concessional rate provided for the S. S. I concern. On this score it was alleged that a sum of Rs.6094/- has been over charged.

(3.) It was then alleged that consequent to loss and damage by flood a claim of Rs.62,501/- was lodged with the respondent Insurance Company which however, passed the same for an amount of Rs.29,463/- only. The balance of Rs.33,038/- only was claimed on this score.