NEW INDIA ASSURANCE CO. LTD. Vs. DAUJI INDUSTRIES

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1985 against the order dated 29. 12. 2015 passed in appeal No. 2203 of 2013 by U. P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') whereby the appeal of the OP/insurance company was dismissed.

(2.) The brief facts are that the complainant, Dauji Industries Navipur Road, Hathras are engaged in the production of pulses. The industry had got the plant of mill and machinery alongwith the goods which are to be processed, insured. The machinery and accessory etc. was insured for Rs. 2,50,000/- whereas the stock of goods in process was insured for Rs. 7,50,000/-. Thus, the total insurance cover was for Rs. 10 lakh for the period from 24. 4. 2009 to 23. 4. 2010. On 28. 4. 2009, the fire took place in the factory and the machinery alongwith goods in the factory was burnt. On submission of claim, the insurance company allowed the claim for the loss to the tune of Rs. 3,69,707/- and after deducting policy clause amount of Rs. 10,000/-, the balance of Rs. 3,59,707/- was paid to the complainant.

(3.) The complainant accepted the amount in protest and thereafter filed a complaint before the District Consumer Disputes Redressal Forum, Mahamaya Nagar, U. P. and demanded the balance amount of total sum insured i. e. Rs. 10 lakh.