ORIENTAL INSURANCE COMPANY LTD Vs. SOLAN SHOPPING CENTRE
LAWS(HPCDRC)-2010-9-8
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 20,2010

ORIENTAL INSURANCE COMPANY LTD Appellant
VERSUS
Solan Shopping Centre Respondents

JUDGEMENT

- (1.) BOTH these appeals have arisen out of the order passed by District Forum, Solan in Consumer Complaint No. 196/2003, dated 8.8.2008, as such they were heard together and are being disposed by this order. Appeal No. 251/2008 has been filed by Oriental Insurance Company for setting aside the impugned order, and Appeal No. 347/2008 has been filed by M/s Solan Shopping Centre for enhancement of compensation.
(2.) FACTS of the case as they emerge from the record are, that the complainant Manoj Bakhru who is the sole proprietor of the firm known as M/s Solan Shopping Centre, Rajgarh Road, Solan where he was running the business of all kind of furniture, raw material which was being used for manufacturing furniture, finished and semi finished goods etc. was insured for stock articles kept in his said shopping centre under a valid insurance policy when on intervening night of 21/22.8.2001 there was fire at about 2:15 AM. Due to fire the entire stock, as well as the other stored items were destroyed thereby causing loss to the tune of Rs. 9,77,370/ -.
(3.) CLAIM was lodged with insurance company for indemnifying the insured for the insured sum. But the insurer dilly dallied on one pretext or the other. And finally vide letter dated 3.3.2002, claim was repudiated. Main ground for repudiation was, that the complainant had declared the location of the insured premises which was located in the Shopping Complex on Rajgarh Road, near DC Office, Solan and fire was elsewhere. In this background, complaint U/S 12 of the Consumer Protection Act, 1986 was filed for deficiency of service on the part of the insurer, thus in Appeal No. 347/2008, the insured claimed compensation to the tune of Rs. 8 lacs, alongwith interest @ 18% per annum from 22.8.2002 till its payment.;


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