NATIONAL INSURANCE CO LTD Vs. VINAY NARAIN CALLA

JUDGEMENT

(1.) This appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellants-Insurance Company against the order dated 6.5.2006 passed by the learned District Forum, Jaipur-II, Jaipur in Case No. 962/2005 by which the complaint filed by the complainant-respondent under Section 12 of the Act of 1986 was allowed in the manner that the appellants (Insurance Company) were directed to pay a sum of Rs. 11,700 to the complainant-respondent as amount of cost of Nokia Mobile Hand-set within a period of two months from the date of passing of the order and in case the said amount was not paid within two months, the complainant respondent would be entitled to get interest on the above amount at the rate of 9% p.a. from the date of order till realisation and the appellants were further directed to pay to the complainant respondent a sum of Rs. 2,000 as amount of compensation for mental agony and Rs. 1,000 as cost of litigation.

(2.) It arises in the following circumstances:

(3.) In this appeal, the main contention of the learned Counsel for the appellants-Insurance Company is that the exclusion clause was part of the contract between the parties and, therefore, on the basis of that exclusion clause, claim was rightly repdudiated by the appellants-Insurance Company and the learned District Forum has committed serious error and illegality in not extending benefit of that exclusion clause to the appellants-Insurance Company. The findings of the learned District Forum are wholly erroneous, perverse and illegal one and, therefore, the same cannot be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.