STATE GOVT OF HARYANA Vs. GENERAL MANAGER, UNITED INDIA INSURANCE CO LTD
LAWS(UTRCDRC)-2014-2-4
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on February 20,2014

State Govt Of Haryana Appellant
VERSUS
General Manager, United India Insurance Co Ltd Respondents




JUDGEMENT

- (1.)INITIALLY , the complaint bearing No.34 of 2003 was filed on 22.12.2003, by the complainant, before the State Consumer Disputes Redressal Commission Haryana, Panchkula, which was dismissed vide order dated 21.2.2012. Feeling aggrieved, the complainant filed First Appeal No.264 of 2012, in the National Consumer Disputes Redressal Commission, New Delhi, which remanded the complaint for fresh decision vide order dated 09.04.2013.
(2.)THE Haryana State Commission vide its order dated 03.09.2013 (at Page 9 of the record), returned the said complaint, to the complainant, being not maintainable before it (Haryana State Commission) with a direction to present the same before this Commission, having the requisite territorial jurisdiction within 60 days of the passing of the order.
(3.)THE instant complaint was, thereafter, filed on 1.11.2013, before this Commission, which was within the requisite period of 60 days from the date of passing of the order by the Haryana State Commission viz. 03.09.2013.
The facts, in brief, are that the the complainant had taken the Insurance Policy bearing No.110201/48/11/3865/95 dated 25.01.1995 from the Opposite Parties, which covered the risk of cash in transit from the office to various Banks. It was stated that the minimum carry limit was Rs.35 Lacs only. It was further stated that the said Policy further extended to cover for risk of riot, strike and terrorist etc. It was further stated that simultaneously, another Policy bearing No.110201/46/12/2630/95 dated 25.08.1995 was taken by the complainant, which covered 9 employees with insurance cover of Rs.25 Lacs each with total cover of Rs.2.25 crores. It was further stated that a sum of Rs.1,68,750 was paid as premium by the complainant. It was further stated that Sh. Rajbir Singh, Sales Officer (Assistant) of complainant was covered under both the Insurance Policies. It was further stated that Sh. Rajbir Singh was appointed in Lucknow Camp, vide No.EA/93/7181 -95 dated 11.05.93 and he worked as Sales Officer, Lucknow from May, 1993 to 21.12.1995. His duty was to sell the lottery tickets and remit the sale proceeds thereof regularly to the Head Quarters of the complainant at Chandigarh. It was further stated that said Rajbir was supplied the tickets of various Lottery Schemes of Haryana State Lotteries i.e. Jai Durga, Jai Vishnu, Mahabali, Shri Ganesh, Mahalaxmi, Hari Om, Jai Durge (Ek -Minute) and Mahalaxmi Lottery Schemes. It was further stated that the Department had directed the said Rajbir Singh to remit the outstanding amount of sale proceeds of lottery tickets of various lottery schemes of Haryana State from time to time.



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