CHOICE SHOE MART Vs. NEW INDIA ASSURANCE CO. LTD.
LAWS(MHCDRC)-2008-8-1
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 02,2008

CHOICE SHOE MART Appellant
VERSUS
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

- (1.) PRESIDENT -Heard Mr. V.D. Kalke, Advocate for the appellant. Mr. Sagare, Advocate for respondent No. 1 and Mr. A.S. Patil, Advocate for respondent No. 2.
(2.) FEELING aggrieved by the dismissal order dated 18.7.2007 passed by District Consumer Forum, Raigad, original complainant has come up in appeal.
(3.) THE original complainant carries on business of footwear. His business is known as "Choice Shoe Mart". Complainant has his Shoe Mart in Municipal House No. 2861 of Mahad. The complainant had hypothecated his Stock in Trade to Mahad Co -operative Bank Ltd. The complainant authorised the bank to take Shop Keepers' Insurance Policy. The Bank had taken insurance policy for the complainant, who was its borrower. The policy was renewed from time -to -time. There was heavy rain on 25th and 26th July, 2005. Because of unabated heavy rain, there was a flood. The entire shop belonging to the complainant was sub -merged into water. All the shoes and chappals kept in the shop were completely damaged. The complainant suffered heavy loss. He submitted his claim to the Insurance Company. Insurance Company by letter dated 30.9.2005 repudiated the claim of the complainant. Insurance Company repudiated the claim on the ground that the insurance policy was not taken for the shop. Complainant, therefore, approached the District Consumer Forum. M/s. New India Assurance Co. Ltd. and Mahad Co -op. Urban Bank Ltd. contested the complaint. It is contended by O.Ps. that it was the duty of the complainant to give correct address of the shop premises. The Shop Keepers' Policy, which was in force at the relevant time was in respect of residential property and not of business premises.;


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