NATIONAL INSURANCE CO LTD Vs. GANESH MANDEP SERVICE

JUDGEMENT

(1.) This appeal has been filed by appellant against order dated 26.3.2013 passed by State Commission in Complaint No. 29 of 2009- Shri Ganesh Mandap Service Vs. National Insurance Company Ltd. & Ors; by which complaint was partly allowed.

(2.) Brief facts of the case are that complainants/respondent No. 1 was carrying on business of Mandap Service for their livelihood by giving on hire mandap, tables, chairs, stage, etc. and for this purpose they had obtained loan of Rs. 20.00 lakhs from opposite party No.3/ respondent No. 2. Opposite party No. 3 has taken fire cum accident insurance policy from opposite party No. 1 & 2 for Rs. 37.00 lakhs pertaining to goods stored and hypothecated for a period of one year from 24.1.2008 to 23.1.2009. On 1.8.2008, there was sudden fire at 7.00 AM due to electric short circuit in the insured goods. Complainants intimated to opposite party No. 2 who deputed surveyor but opposite party by letter dated 13.2.2009 repudiated claim on the ground that place where fire took place was not covered under the policy. It was further submitted that complainants have shown in their loan application and informed opposite party No. 3 that goods of the complainants are kept in godown and not at the place insured. Alleging deficiency on the part of opposite parties, complainants filed complaint before State Commission. Opposite party No. 1 & 2 resisted complaint and submitted that complainants do not fall within the purview of 'consumer'. It was further submitted that occurrence of fire took place in the godown situated at Ahmedabad Road, Jakatnaka, Opp. Navagam, Kuvadva Road, Rajkot, whereas in the insured cover, address has been given as 4, Ranchhodnagar Society and in such circumstances, claim was rightly repudiated and prayed for dismissal of complaint.

(3.) None appeared for opposite party No. 3.