RAMESH DAGAR Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 25.2.2002 passed by the A.P. State Consumer Disputes Redressal Commission in CD No. 55/1995, complainant has preferred this appeal.

(2.) Learned Counsel appearing on behalf of the appellant submitted that the State Commission arrived at the conclusion that complainant has taken the insurance policy from the respondent for a period of one year commencing from 27.8.1993 and that complainant informed the Insurance Company that the boat sank at 4.00 p.m. on 21.2.1994.

(3.) The Insurance Company repudiated the claim and contended that the boat was already transferred in favour of one Nathuram Mallik by a lease deed executed on 15.2.1994. A copy of the lease deed is produced for our perusal by the learned Counsel for the Insurance Company. As per the said lease deed, lease for the said boat was given to one Nathuram Mallik for a period of 10 years. In the said lease deed, it is specifically mentioned that possession of the boat was given to lessee on 15.2.1994. Relying upon the said lease deed, the State Commission arrived at the conclusion that the complaint was required to be dismissed. The State Commission further observed that the boat was under hire-purchase/finance with Surya Udyog and the financier filed a criminal complaint against the insured for summarily leasing out the boat to Orissa party without settling their claim. On the aforesaid basis, the Surveyor recommended to reject the claim and that was accepted by the Insurance Company.