MAHENDRAKUMAR & BROS Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 21.03.2016 passed by Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (short, "State Commission) in Appeal No.1280/2015.

(2.) The petitioner/complainant took a Fire Floater Policy from the respondent/OP for the stock/material stored in their godown since 1992 and they got renewed the said policy from time to time. On 11.10.2013 a fire occurred in the insured cold storage of the complainant due to which the goods of its customers worth Rs.5,62,745/- were totally burnt and destroyed during the policy period from 2013 to 2014. The policy for the said period is on file. The description of risk is mentioned in it as ON STOCK OF CHILI & OR KIRANA ITEMS OF ED STORED & OR LYING IN VARIOUS (7) COLD STOREGES for a total of Rs.30,00,000/-. The incident was reported to the police and the insurance company. The OP repudiated the claim on the ground that loss occurred to the stocks held in trust and hence were not covered by the insurance policy. Aggrieved by the repudiation, the petitioner filed a complaint before the District Consumer Disputes Redressal Forum, Ahmedabad (for short, 'District Forum') seeking relief of Rs.5,62,745/- with interest @ 12% p.a. with Rs.50,000/- as compensation and Rs.25,000/- as penalty and Rs.40,000/- as cost.

(3.) The District Forum vide their order dated 27.10.2015 while dismissing the complaint passed the following order:-