NATIONAL INSURANCE COMPANY LTD. Vs. BHUNIYA BOOK DISTRIBUTOR

JUDGEMENT

(1.) Petitioner/opposite party has filed this revision petition under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act') against impugned order dated 30.3.2012, passed by State Consumer Disputes Redressal Commission, West Bengal, Kolkata (for short, 'State Commission').

(2.) Respondent /Complainant case is that it is reputed bookseller and publisher. It had insured its business with the Petitioner, vide Policy-No. 101800/48/03/7601968 dated 10.8.2004 valid till 19.1.2010. During course of the business, respondent issued a cheque of Rs. 5,03,698 in the name of M/s. Prantik. However, the said cheque was dishonoured. Thereafter, on 24.5.2004 respondent himself carried an amount of Rs. 6,50,000 in cash to be paid to M/s. Prantik. But the money was snatched away by the robbers on the way. On the next day, respondent lodged an FIR with the local police station and informed the petitioner also about the incident on 25.5.2004. The respondent made several correspondences with the petitioner to expedite its claim but petitioner did not take any step to settle the claim. Ultimately, petitioner on 22.3.2006 refused the claim of the respondent. Finding no other alternative, respondent filed a consumer complaint before Consumer Disputes Redressal Forum, Unit-I, Kolkata (for short 'District Forum') against the petitioner claiming sum of Rs. 6.5 lakh towards loss and a sum of Rs. 5,000 as compensation.

(3.) Petitioner in its written statement admitted that respondent is the holder of the policy in question. According to the contract no coverage is allowable exceeding Rs. 22 lacs but the pass book showed that the total transaction were for Rs. 39 lacs if any point made by the third party of this contract found to be false the whole contract will be void and Insurance Company shall not be liable to pay any claim.