VICTORY ELECTRICALS LTD Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) By this order I propose to dispose of the above-noted complaints involving similar question of law and facts.

(2.) M/s Victory Electricals Ltd. has filed instant consumer complaints alleging deficiency in service on the part of opposite party insurance company in respect of two insurance claims of the complainant arising out of the loss caused due to theft/burglary which came to the notice of the complainant on 31st March, 2014 and 29th July, 2014. Complaint No.317/2015 relates to the alleged loss to the extent of Rs.1,35,63,780/- and complaint No.318/2015 relates to loss to the extent of Rs.3,3,83,48,160/-.

(3.) On perusal of record it transpires that complainant company became sick and it had stopped production since 4.1.2014. On the same day record of physical stock available at the factory was prepared. It is the case of the complainant that for protection of the premises and the stock stored therein the complainant engaged a third party security agency i.e. Triple Eye Security. Despite of the fact that services of the security agency to protect the property were availed, within a span of four months two incidents of burglary allegedly came to the notice of the complainant. Strangely the complainant has not made the security agency as a party although there is an allegation that they were the service providers responsible to protect the property of the complainant.