LAWS(NCD)-2018-9-24

BIKANER AGENCY Vs. UNITED INDIA INSURANCE COMPANY LIMITED

Decided On September 12, 2018
Bikaner Agency Appellant
V/S
UNITED INDIA INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner M/s. Bikaner Agency against the order dated 23.01.2015 of the State Consumer Disputes Redressal Commission, Chhattisgarh, (in short 'the State Commission') passed in Appeal No.FA/13/681.

(2.) Brief facts of the case are that the petitioner had taken insurance policy from the respondent Insurance Company for the stock kept in his godown and the policy was valid from 10.01.2010 to 09.01.2011. On 09.04.2010, fire broke out in the godown and all the material kept in the godown was lost. The petitioner is an agent of Cargil India Ltd. and there is an agreement between them. He filed an insurance claim of Rs.16,00,000/- and the claim was repudiated vide letter dated 05.03.2012 on the ground that there was stock of only Cargil India Ltd in the godown and there was no stock of the petitioner. The petitioner filed a consumer complaint bearing No.113/2012 before the District Consumer Disputes Redressal Forum, Surguja Ambikapur (in short 'the District Forum'). The District Forum vide its order dated 30.11.2013 passed the following order:-

(3.) Aggrieved by the order of the District Forum, the opposite party Insurance Company preferred an appeal bearing No.FA/13/681 before the State Commission, wherein the State Commission vide its order dated 23.01.2015 allowed the appeal on the basis of the survey report and the investigation report and the order of the District Forum was set aside.