LAWS(NCD)-2017-3-23

UNITED INDIA INSURANCE CO. LTD. NOW THROUGH ITS RAKESH KUMAR ASSTT. MANAGER, RO Vs. NEWAR METALS PVT. LTD. THROUGH ITS DIRECTOR PAWAN KUMAR DHOOT, E

Decided On March 06, 2017
United India Insurance Co. Ltd. Now Through Its Rakesh Kumar Asstt. Manager, Ro Appellant
V/S
Newar Metals Pvt. Ltd. Through Its Director Pawan Kumar Dhoot, E Respondents

JUDGEMENT

(1.) Revision Petition No. 431 of 2017 has been filed against the judgment dated 24.08.2016 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur in Appeal no. 75 of 2015.

(2.) The facts of the case as per the respondent/ complainant are that the respondent company had taken an insurance policy against burglary in their factory. The said policy was effective from 10.02011 to 09.0201 On the intervening night of 22nd and 23rd Aug. 2011, a theft took place in the factory and 550 kg of brass wire and 220 kg of brass pins were stolen. A police report was lodged on 23.08.2011 with Police Station Bhiwari. The respondent lodged a claim with the insurance company. The claim was however, repudiated on the ground that FIR was lodged after nine days and the policy covered only burglary and not theft. Hence, a consumer complaint was filed before the District Forum with the prayer:

(3.) The District Consumer Disputes Redressal Forum, Alwar, Rajasthan ('the District Forum') vide its order dated 09.12.2014 while allowing the complaint observed as under: