NATIONAL INSURANCE COMPANY LTD Vs. GANESHA INTERNATIONAL

JUDGEMENT

(1.) The present first appeal has been preferred by the appellant/Opposite Party against the order dated 20.05.2016 of the State Consumer Disputes Redressal Commission, Delhi, (in short 'the State Commission'), passed in Complaint No.284 of 2011 whereby the State Commission directed the OPs to pay the principal amount of Rs. 27, 00, 000/- alongwith interest @ 12% p.a. The State Commission also awarded compensation of Rs.2,00,000/- to the Complainant/respondent.

(2.) Briefly put, facts relevant for the disposal of present first appeal are that the complainant is a sole proprietorship concern dealing in bullion gold/silver jewellery and export of handicrafts. Complainant took a special contingency insurance from OP/appellant vide policy no. 361500/46/08/9500000165 for the period 11.08.2008 to 10.08.2009. The risk covered were burglary cover, transit cover, larceny, housebreaking, robbery cover etc. Special contingency terms were that insurance was for Rs.2.50 crore for cash/bullion in locked safe, Rs. 47.50 crore for cash/bullion in transit. Special condition was that gold would be carried in the insured's own conveyance with adequate security and proper accounting of stock. On 19.6.2009, robbery of Rs. 27 lacs in cash occurred in transit when authorized employees of the complainant namely Sh. Narender Kumar Singhal and Mr. Akhilesh Kumar were carrying the said cash. They had taken an auto rickshaw from complainant's office to Chandni Chowk to deposit the money in SBI, Chandni Chowk in the bank account of the complainant. Two persons on bike obstructed the auto rickshaw and took away the total cash. Complainant informed police and FIR no. 133 dated 19.6.2009 was registered. The OP was duly intimated about the said incident on 19.6.2009 through email and by hand written communication which was received by OP on 22.6.2009. The claim form was signed and filled and submitted along with copy of FIR. Surveyor was appointed and all the documents were duly presented and handed over to them by the complainant. Complainant alleges that it took insurer 100 months to adjudicate the claim. On 20.12.2010, the insurer intimated the complainant that his claim has been closed because of violation of policy condition that transit was to be done in own conveyance of insured.

(3.) Aggrieved, the complainant filed a consumer complaint in the State commission for claim of Rs. 27 lacs as principal amount along with interest @ 12% p.a. from the date of incident till realization.