MAINI ENTERPRISES Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This Revision Petition has been filed by Ms Maini Enterprises under Sec. 21(b) against the impugned Order dtd. 27/11/2018 passed by the State Consumer Disputes Redressal Commission, Haryana in F.A. No. 552 of 2017 vide which, the Appeal filed by the Oriental Insurance Co. Ltd. was allowed, the Order of the District Forum was set-aside, and the Complaint was dismissed.

(2.) The factual background, in brief is that proprietor of Ms Maini Enterprises, located at 207, Jaggi Colony, Phase-1, Baldev Nagar, Ambala City, entered into a CC limited account with Punjab National Bank (Respondent No. 2). This account was covered by an insurance policy issued by Oriental Insurance Co. Ltd. (Respondent No. 1). However, a crucial error occurred in the policy issuance process, leading to the inclusion of the Complainant's residential address as 211, Jaggi Colony, Phase-1, Ambala City, instead of the actual business address. On 6/7/2010, the business premises of the Complainant suffered significant flooding, resulting in a loss amounting to Rs.5,02,226.74. Subsequently, the Complainant informed the Respondent No. 1, prompting the appointment of a Surveyor to assess the flood-induced damages. The Respondent No. 1 proposed a settlement amount of Rs.3,50,000.00. However, the Complainant's claim was officially rejected on 6/9/2010, with the reason cited as the absence of any loss at House No. 211, Jaggi Colony, Phase-1, Ambala City. Contending that the rejection of the claim was a result of the Respondents' clerical errors and amounted to deficient service, the Complainant took its grievance to the District Forum in Ambala by filing a formal complaint.Top of Form

(3.) The District Forum vide its Order dtd. 17/2/2017 partly allowed the complaint.