DEVENDER MALHOTRA Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE challenge in this appeal is to the order dated 24.10.2007 passed by the State Commission, Delhi in complaint case No. 07/183.

(2.) VERY briefly, the facts leading to the present appeal are that the appellant herein filed a complaint under Section 17 of the Consumer Protection Act, 1986 (for short, the Act) before the State Consumer Disputes Redressal Commission. Delhi (for short, ˜the State Commission with the averments that he is running business of printing of various packaging and related works under the name and style of M/s. Balaji Industries. The said industry was insured with respondent No.1, Insurance Company under the ˜Standard Fire and Special Perils Policy vide Policy No. 041703/11/06/11/00000094 which was valid from 11.25 hrs. of 4.5.2006 to midnight of 3.5.2007 for the sum of Rs. 25,00,000 (Rupees twenty five lakh only). The industry had cash credit facility from the respondent No. 2, Bank against the stocks. Unfortunately, on 30.9.2006 at about 9.00 p.m. a fire broke out in the business premises of the appellant and all the stocks, official records, etc. lying at the premises were burnt resulting in loss of more than Rs. 20,00,000 for which a claim was lodged with the Insurance Company. The Insurance Company proposed to settle the claim of the appellant for a sum of Rs. 4,50,344 which was not acceptable to the appellant. The appellant, therefore, filed the abovementioned complaint before the State Commission with the following prayers: In view of the abovementioned submissions this State Commission may please to:

(3.) IT would appear that the complaint filed by the appellant, came up foradmission hearing before the State Commission on 24.10.2007 and State Commission passed the following order: