ALLAHABAD BANK GHAZIABAD Vs. METAL PACK INDUSTRIES

JUDGEMENT

(1.) Two appeals under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') i. e. , one Appeal No.3057/2001 and another 3092/2001 were preferred respectively by Allahabad Bank and Oriental Insurance Company Limited against the judgment and order dated 3.11.2001 passed by District Consumer Forum, Ghaziabad in Complaint Case No.595/1994.

(2.) The brief facts of the case are that the complainant took an insurance policy for one year from 24.11.1990 to 23.11.1991 from Oriental Insurance Company Limited (hereinafter called the 'insurance Company') and that during the currency thereof a major theft was committed in the premises of the complainant's factory between 26th and 27th April, 1991. A report was lodged with the police and intimation about it was also sent to the Insurance Company which appointed a Surveyor to make a report about the claim.

(3.) The opposite party-Insurance Company contested the case before the learned District Forum and filed their written statement. The case further is that the Insurance Company took the stand that it was not liable to make good the loss under the Insurance policy because it had not received the payment of the amount of the premium which had been remitted by the complainant through cheque No.290121 dated 24.11.1990 for a sum of Rs.1,663. The cheque was presented for payment to the drawee Bank (Allahabad Bank) which refused to make the payment as there was difference in the amount mentioned in figures and as mentioned in words. The Insurance Company also says that it intimated the complainant about dishonouring of the cheque through a letter dated 7.1.1991 in spite whereof the amount of premium was not paid to it.