SWASTIC POLYTEX PVT. LTD. Vs. ORIENTAL INSURANCE CO.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE applicant -company was running the business in the name and style of M/s. Swastik Polytex Pvt. Ltd. It took loan from the State Bank of Bikaner and Jaipur of Udaipur Branch. The company took the policy from the non -applicant and according to the applicant, the applicant got the factory, building, plant, machinery, vehicle and other installations insured from the respondent -non -applicant for a sum of Rs. 60,000/ -vide fire policy bearing No. 827/99 for a period from 8.11.1998 to 7.11.1999 and for the raw material, finished goods, stock and process and packing material for a sum of Rs. 15,00,000/ - only for the period from 30.1.1999 to 29.1.2000 vide policy No. 938/99. The premium was paid by the bank to the insurer by debiting the premium amount of the said two policies in the bank account of the applicant. The petitioner have placed on record the Photostat copies of the cover notes referred above.

(3.) THE applicant forthwith submitted a information to the non -applicant at its Udaipur Office and lodged his claim with respondent which was registered as claim No. 2425/20/304/11/2000/00004. A surveyor was appointed to assess the losses incurred to the applicant because of the said fire. According to the applicant, he provided complete details and particulars in support of his claim for the purpose of getting the claim case decided by the respondent in time. According to the petitioner as per the report losses because of the fire were estimated to the tune of Rs. 82,47,035/ -. The applicant also got the premises inspected through private assessor namely Jaswant Singh who assessed -the loss to the tune of Rs. 82,63,924/ -. The said report was also submitted to the respondent by the applicant. The applicant demanded the said claim amount from the respondent. The said claim was not settled by the respondent -company then after several correspondence, the respondent repudiated the applicants claim vide letter dated 18th Sept., 2001, copy of which has been placed on record as Annex.2. The claim was repudiated on the basis of the report submitted by Swadesh Kumar Dhamija and Associates with the plea that the applicant breached the policy condition No. 1, 6, 7 and 8. The applicant in that situation, submitted a claim before the National Commission, Consumer Protection on 8th March, 2002, which was dismissed by the National Commission, Consumer Protection vide order dated 6.8.2002 with liberty to the applicant to approach either civil court or for arbitration. The applicant not satisfied with said order again filed a complaint before the State Commission Consumer Redressal Forum on 25th March, 2003, which too, was dismissed vide order dated 17th Nov., 2005.