GOPESH KUMAR PATHAK Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The petitioner/complainant submitted a proposal dated 07-07-2000 for insurance of carpets to the extent of Rs.4,50,000/-. An insurance policy dated 10-07-2000, insuring the carpets to the extent of Rs.4,50,000/- was issued to the complainant. The case of the complainant is that 32 rolls of carpets which it had sent from Bhadohi to Delhi through a transporter became wet on account of heavy rain in Mumbai.

(2.) A complaint was lodged by the complainant with the respondent/opposite party, seeking reimbursement in terms of the policy taken by him. The said claim, however, was filed as no claim on the ground that the requisite documents had not been submitted by the complainant/petitioner. Being aggrieved the petitioner approached the concerned District Forum by way of a complaint seeking payment of Rs.3,51,754/- along with compensation quantified at Rs.25,000/-.

(3.) The complaint was resisted by the insurance company on the ground that the proposal was received by them and the policy was issued only on 10-07-2000 whereas the alleged loss to the complainant took place on 08-07-2000.