- (1.) Petitioner/Complainant, being aggrieved by impugned order dated 28.06.2012 passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission') in (First Appeal Nos.37 & 93 of 2012) has filed above noted revision petitions under section 21(b) of the Consumer Protection Act, 1986(for short, 'Act').
(2.) Brief facts are that, petitioner has secured loan from Respondent No.2/Opposite Party No. 2 who got insured the plant and machinery to the tune of Rs.3,50,000/- and stock of raw-materials finished and unfinished for a sum of Rs.50,000/- w.e.f. 18.07.2007 to 17.07.2008 with Respondent No.1/Opposite Party No.1. It is alleged that payment of premium of insurance has been made by respondent no. 2 to respondent no. 1 at every renewal. On 23/24.02.2008 in the premises of petitioner theft took place. FIR was registered. Intimation of which was given to respondent no.1 in time. Surveyor was appointed and required information was supplied to the surveyor. It is further alleged, that petitioner had shifted premises from 141 IDC Hisar Road, Rohtak where the unit was running to 98, IDC, Hisar Road Rohtak and intimation of the same was given to respondent no.2. Petitioner never signed any proposal form of respondent no.1, however the same was being done by respondent no.2. Petitioner requested several times but the claim has been closed as "No Claim" by respondent no.1, vide letter dated 12.06.2008 on the ground of intimation regarding change of the premises was never given to it and the stock stolen was under trust received from M/s. Indian Fasteners Limited whereas, the insurance was taken against the stock mortgaged to bank only. Thus, alleging deficiency on the part of respondents, petitioner filed consumer complaint before the District Forum
(3.) Respondent No.1 filed its written statement by raising therein the plea, that premises has never been insured with respondent no.1. Thus, petitioner was not entitled for any compensation and denying any kind of deficiency in service on its part.;