UNITED INDIA INSURANCE COMPANY LTD. Vs. KARTAR SINGH

JUDGEMENT

(1.) This appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') in challenge to the Order dtd. 30/7/2014 of the State Commission in complaint no. 101 of 2003 whereby the complaint was allowed.

(2.) We have heard the learned counsel for the appellant (hereinafter referred to as the 'insurance company') and the learned counsel for the respondent (hereinafter referred to as the 'complainant') and perused the record including inter alia the impugned Order dtd. 30/7/2014 and the memorandum of appeal.

(3.) The facts in brief are that the complainant, who is involved in carrying the business of providing facilities in the shape of tent (Pandal) for holding marriage parties small and big functions of all natures, took Standard Fire and Special Perils Policy to cover its property lying and kept at 70/1/2 Mangol Pur Kalan, Delhi - 85 for a total sum of Rs.35,00,000.00. The premium was paid and the policy was valid for the period from 9/8/2002 to 8/8/2003. It is alleged that on 4/11/2002, there was a major fire at the aforesaid premises and the fire resulted in total loss of various furniture, decorative material, tent and other items etc. The complainant informed the police and the insurance company. The insurance company appointed a surveyor to assess the loss. The surveyor visited the premises on 9/11/2002 and several more times to carry out the necessary survey and inspection of the effected premises and immediately after the fire the Divisional Manager and other officials of the insurance company visited the effected premises of the complainant. It is alleged that the complainant provided copies of bills, cash memos, estimates, accounting record, income tax returns and certified final account as were required by the surveyor and had also provided complete details as asked by the insurance company from time to time. It is further alleged that the complainant received letter dtd. 27/2/2003 from the insurance company informing him that his claim is not tenable under the terms and conditions and does not fall within the coverage of the insurance policy and had repudiated the claim as NO CLAIM. In reply to the insurance company's letter dtd. 27/2/2003 the complainant sent letter dtd. 14/4/2003 to the insurance company. In response to the letter dtd. 14/4/2003, the insurance company vide its letter dtd. 14/5/2003 informed the complainant that his claim had rightly been repudiated and the insurance company stood by their decision conveyed to you vide our letter Ref. No. 042500:AS:VK:2002; 480 DT. 27/2/2003.