MADHUDHAR PETROCHEM Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant M/s. Madhudhar Petrochem against the order dated 18.12.2015 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short 'the State Commission') passed in Consumer Complaint No.RBT/CC/15/30.

(2.) The brief facts leading to the present appeal are that the appellant took the insurance policy to protect his business and the policy was valid from 16/04/2009 to 15/04/2010. A fire broke out on 25.03.2010 in the insured premises which was controlled with the help of fire tenders. The claim was lodged by the appellant. The Insurance Company appointed a surveyor who submitted his report on 30/03/2010. As no decision was communicated to the appellant the appellant filed a consumer complaint before the State Commission with the following prayers:-

(3.) The State Commission dismissed the complaint in limine vide its order dated 02.12.2011. The appellant filed another complaint No.CC13/539 before the State Commission and the same was also dismissed by the State Commission vide its order dated 13.01.2014 on the ground that the second complaint was not maintainable for the same cause of action and between the same parties. The appellant preferred an appeal bearing No.114 of 2014 before this Commission and the order dated 13.1.2014 of the State Commission was set aside by this Commission vide its order dated 11.12.2014 and the matter was remanded to the State Commission for deciding the complaint on merits. However, the respondent opposite party was also given liberty to raise the objection with respect to the maintainability of the complaint. The State Commission vide its order dated 18.12.2015 has again dismissed the complaint on the ground of maintainability and it has been held that the second complaint was not maintainable on the same cause of action and between the same parties.