M/S. SHIVAM PETRO CHEMICALS PVT. LTD. Vs. UNITED INDIA INSURANCE CO.
LAWS(NCD)-2021-3-20
NCDRC
Decided on March 22,2021

M/S. Shivam Petro Chemicals Pvt. Ltd. Appellant
VERSUS
UNITED INDIA INSURANCE CO. Respondents

JUDGEMENT

DINESH SINGH, PRESIDING MEMBER, J. - (1.) This Appeal has been filed under Section 19 of The Consumer Protection Act, 1986, hereinafter referred to as the 'Act', challenging the Order dated 30.05.2012 in C. C. No. 17 of 2006 passed by The State Consumer Disputes Redressal Commission, Punjab, hereinafter referred to as the 'State Commission'. The Appellant, M/s Shivam Petro Chemicals Pvt. Ltd., was the Complainant before the State Commission, and is hereinafter being referred to as the 'Complainant Co.'. The Respondent, United India Insurance Co., was the Opposite Party before the State Commission, and is hereinafter being referred to as the 'Insurance Co.'.
(2.) Heard arguments from learned Counsel for the Complainant Co. and for the Insurance Co. Perused the material on record including inter alia the impugned Order dated 30.05.2012 of the State Commission and the Memorandum of Appeal.
(3.) The Complainant Co., engaged in the business of producing Organic Solvent and Thinner at Village Balian, District Sangrur, took two insurance policies, one for its plant and machinery, including generator set, electronic installations, laboratory equipment and underground storage tank, transformer, furniture and fixtures and fittings etc. from 26.06.2003 to 25.06.2004 for sum insured of Rs. 1.27 crore by paying premium of Rs. 43,891/-, and the second for its stocks of Naphtha, Benzene, Tolvena, MTO, Sulphus and other solvents as well as finished and unfinished stocks, from 25.07.2003 to 24.07.2004 by paying premium of Rs. 39,744/-. A fire took place in the premises of the factory on 08.09.2003 and its stocks, plant, machinery and building of the factory were damaged. Information of the fire was given to the Insurance Co. on 08.09.2003 and to the Police on 09.09.2003. The stocks lying in the premises of the factory were under the control of the Central Excise Department, information was also given to the Excise Department on 09.09.2003.;


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