NATIONAL INSURANCE CO LTD Vs. MEHTA JEWELLERS

JUDGEMENT

(1.) This appeal has been filed by the appellant National Insurance Co. Ltd. against the order dated 24.04.2012 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short 'the State Commission') passed in Complaint Case No.CC/10/117.

(2.) Brief facts of the case are that the complainant (Respondent herein) filed a complaint before the State Commission against opposite party Insurance Company (appellant herein). The complainant jewellers had obtained insurance policy for a sum of Rs.31,00,000/- for insuring the ornaments. On 26.06.2007, it was noticed that the shop premises was burgled and gold ornaments of 31,00,000/- were stolen away. Immediately, FIR was lodged in the concerned police station and information was given to the opposite party Insurance Company about the same. M/s. Sunil J. Vora & Associates were appointed as surveyors who inspected the shop premises and submitted report after 5 months from the date of appointment. Opposite party ultimately repudiated the claim vide letter dated16.04.2009 on the ground that the 'ornaments in the shop at the material time of burglary were kept in a steel safe of local make and not in burglar resistant safe'. The repudiation of claim of the complainant was intimated after a gap of two years from the incident. Aggrieved, the complaint filed a consumer complaint before the State Commission. The complaint was resisted by the opposite party Insurance Company by filing written statement and justified the repudiation. The State Commission, however, allowed the complaint vide its order dated 24.04.2012 as under:-

(3.) Hence the present appeal.