SUBHASH OTARMAL JAIN Vs. NEW INDIA ASSURANCE CO. LTD.
LAWS(MHCDRC)-2008-7-1
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on July 17,2008

SUBHASH OTARMAL JAIN Appellant
VERSUS
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

- (1.) JUDICIAL Member (Oral) -These six appeals have been filed by the six appellants/org. complainants aggrieved by the order of dismissal of their complaints by the District Consumer Forum, Raigad in Consumer complaint Nos. 27 to 30, 41 and 42/2006 dated 9.8.2007.
(2.) THERE is delay of 57 days in filing these appeals. Therefore, application for condonation of delay is filed in each appeal. The inordinate delay is not at all explained satisfactorily. We are, therefore, not inclined to condone the delay. Applications for condonation of delay stand rejected. By way of abundant precaution, we examined the correctness of the order passed by the District Consumer Forum.
(3.) BRIEFLY the case of the parties in the Forum below may be stated as under: Six complaints in respective consumer complaints had common grievance that they had taken insurance policies for insurance cover for their Brick Kilns and most of them are resident of Nagothane, Tal. Roha, Dist. Raigad and complainants of Complaint Nos. 41 and 42 are resident of Wakan, Post -Patansai, Tal. Roha, Dist. Raigad. They are in bricks manufacturing business. They had taken loan from Roha Ashtami Urban Co -op. Bank, Nagothane Branch/O.P. No. 2 and at the instance of Bank they obtained insurance cover from O.P. No. 1/Insurance Company of Alibag, Dist. Raigad. Their insurance cover was in force when due to floods of 2005 their Brick Kilns were washed away in the heavy rains. According to the complainants from complaint Nos. 27 to 30, they were carrying out Brick Kilns business in Gat Nos. 177 and 24 in Village Palas and they were storing the bricks in the respective fields. Whereas, the complainant from complaint Nos. 41 and 42 were having Brick Kilns business at Wakan, Tal. Roha, Dist. Raigad. However, according to the complainants while purchasing insurance policy, for the purpose of convenience, the complainants mentioned their place of business or place of manufacturing units at Nagothane, Tal. Roha, Dist. Raigad. However, actual bricks manufacturing was done at Village Palas and at Village Wakan as mentioned above. Because of heavy rains of 25th and 26th July, 2005 their Brick Kilns and Bricks stored in the respective fields got washed away totally and absolutely because there was inundation of water upto 20 ft. in height and this was state of affairs for consecutive two days. The Government recorded Panchanama about their loss of bricks manufacturing business. Thereafter they filed claim petitions. They annexed certain documents to the claim petitions, but their claims were repudiated by O.P. No. 1/New India Assurance Co. on 15.12.2005 since the Insurance Company asserted that they had given wrong address of their place of business. They had mentioned place of business at Village Nagothane, Tal. Roha, Dist. Raigad. In the circumstances, the complainants filed individual six complaints as mentioned above and claimed certain damages.;


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