TEXCO MARKETING PVT. LTD Vs. TATA AIG GENERAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties at length.

(2.) The appellant put up further construction, for which due notice was given and due inspection was also made. The shop met with a fire accident for which the appellant raised a claim. The surveyor of respondent No. 1 also made an inspection, on the basis of which the appellant was instructed to refurnish its shop for the purpose of due evaluation. While arriving at the sum payable, the surveyor did notice the fact that the earlier inspections were made and that the fact that the shop was in a basement was to the knowledge of the insurer. The claim made was repudiated by respondent No. 1, taking umbrage under the exclusion clause.

(3.) The State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) rejected the contention of respondent No. 1 on the premise that there was no adequate disclosure, the mandatory provisions have not been followed, as such the insurer was deficient in service and indulged in unfair trade practice. The fact that a similarly placed shop was also covered, was not in dispute. The amount payable is only after due deduction of the goods meant for the third party.