SHAH VADILAL JETHALAL Vs. NEW INDIAASSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') is directed against order dtd. 28/8/2012 of the State Consumer Dispute Redressal Commission, Maharashtra, Mumbai (in short, the 'State Commission') in complaint case no. CC/03/109-A dismissing the complaint. This order is impugned before us with the prayer to allow the appeal and set aside the order and to pass such other order deemed fit in the facts of the case.

(2.) The brief facts of the case are that appellant/complainant, who is a company incorporated under the Companies Act, 1956 and a distributor for TISCO, had obtained a Burglary and House Breaking Policy from the respondent/opposite party for the period 14/11/2000 to 13/11/2001 for its stock in trade such as agro bucket, agro tools, etc. and other goods held in interest or on commission for a sum of Rs.1,00,53,000.00 against a premium of Rs.12,535.00 in respect of its godown at the steel yard complex allotted by Steel Chambers at Plot No. 997, BMD Iron and Steel Market Committee Central Facility Building, New Mumbai 412018. On 8/9/2001 a truck with burgled goods from the insured godown was apprehended and an FIR registered. The respondent was informed, and a surveyor deputed to assess the loss. A claim was lodged for loss of material worth Rs.89,29,703.65 which was repudiated by the respondent. A consumer complaint was then filed before the State Commission which was dismissed on contest and is now challenged by way of the instant appeal.

(3.) I have heard the learned counsel for the parties and given careful consideration to the material on the record.