ORIENTAL INSURANCE COMPANY LIMITED Vs. SELVAKUMAR
LAWS(TNCDRC)-2010-10-2
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 08,2010

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Selvakumar Respondents

JUDGEMENT

- (1.) THE opposite party, and the complainant in C.C. No. 19/2006, on the file of District Forum, Nagercoil, are the appellants in F.A. Nos. 173/2007 and 234/2007, respectively.
(2.) THE parties are levelled, as arrayed in the original complaint.
(3.) THE complainant, who is running the smoke house, for the purpose of drying processed rubber sheets, insured the premises, and the stock, with the opposite party, for Rs. 8 lakh, for the period covering 7.9.2004 to 8.9.2005. In the fire accident place took place on 28.4.2005, the building and the stock were completely destroyed, for which a criminal case was also registered, followed by lodging a complaint, by the complainant, for a sum of Rs. 8,13,198 on 29.4.2005. Based upon the value of the rubber sheet, available within the smoke house, on the date of fire. By the delay in not settling the claim, the complainant incurred a loss of Rs.70,000. As per the/letter dated 28.11.2005, the opposite party repudiated the claim, on false grounds, arbitrarily, thereby committed deficiency in not settling the claim, having given a policy. By issuing a notice, a chance was given to settle the claim, not utilized, thereby deficiency continued, hence the complainant is constrained to file the case, for the recovery of a sum of Rs. 3 lakh, as per the policy.;


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