CHAIRMAN & MANAGING DIRECTOR M/S ORIENTAL INSURANCE CO. LTD Vs. CHAIRMAN & MANAGING DIRECTOR M/S ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) TWO cross -appeals, namely, First Appeals No. 389 of 2007 and 520 of 2007, have been filed by Oriental Insurance Company Limited and M/s Balaji Cotton Traders, Opposite Party and Complainant respectively before the A.P. State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as the State Commission) challenging the order dated 23.03.2007 of that Commission.

(2.) SINCE the facts and the parties in both first appeals are common/similar arising out of the same consumer dispute, it is proposed to dispose of these appeals by one common order by taking the facts from First Appeal No. 389 of 2007. The parties will be referred to in the manner in which they were referred to in the complaint i.e. M/s Balaji Cotton Traders will be referred to as "Complainant " and the Oriental Insurance Company Limited as "Opposite Party ".

(3.) OPPOSITE Party on being served filed a written rejoinder, in which it was denied that they were intimated regarding the change in the name of the company. The letter dated 26.02.2002 was fabricated by Complainant to support the false claim. Further, the fire which took place at M/s Sriniwasa Pressing Company Pvt. Ltd., Kurunthala was not insured under the insurance policy since the premises insured was M/s Sriniwasa Pressing Factory (and not Company), Kurunthala. The Surveyor 's report also indicated that there were many discrepancies and inconsistencies in the stock position vis -a -vis the stock register and Complainant also did not fully cooperate with the Surveyors and avoided to produce certain documents which were required to settle the claim.