UNITED INDIA INSURANCE CO LTD Vs. SUMATEX LTD

JUDGEMENT

(1.) These two appeals no.366 of 2015 & 367 of 2015 have been filed by the appellant United India Insurance Company against the order dated 21.11.2014 passed by the State Consumer Disputes Redressal Commission, Rajasthan, (in short 'the State Commission') in CC No.67 of 2012 & 14 of 2013.

(2.) Brief facts of the case are that the complainant is a registered company engaged in business of textile. It purchased a High Power Fiber Laser Cutting System machine of Brahmastra model costing Rs.1,57,16,646/- from M/s. Sahajanand Laser Technology Ltd., Gandhinagar, Gujarat. This machine contained two laser modules. First module stopped working on 28.8.2011 and the second module also stopped working on 17.12.2011. The complainant had taken a Machinery Breakdown Insurance Policy from the opposite party and lodged a claim for indemnity for these modules. The Insurance Company conducted a spot survey by appointing one Mr. Ravi Maheshwari and later on it was also inspected by United Technical Services, who is an approved valuer. The company repudiated both these claims on the ground that complainant failed to fulfill its obligation to provide exact cause of losses. Second as per survey report AC temperature was increased to 30 degree celsius as against ideal level of 20 degree celsius which caused the breakdown of modules. The complainant had filed relevant documents and affidavits in support of its claim. The Insurance Company has also filed counter affidavits and other documents.

(3.) These two appeals have been filed with delay of 133 days as reported by the registry of this Commission. Both the learned counsel were heard on the application for condonation of delay.