D.K. Jain, J. - (1.) This appeal, by special leave, is directed against the judgment and order dated 12th July 2002, delivered by the National Consumer Disputes Redressal Commission (for short "the National Commission") in First Appeal No. 354 of 1996, whereby it set aside order dated 24th June, 1996 passed by the Consumer Disputes Redressal Commission, Rajasthan (for short "the State Commission") and held that the respondents - insurance company was justified in repudiating the insurance claim of the appellant.
(2.) Both the respondents are the same insurance company, the first being the registered and head office and the second its local branch office.
(3.) Shorn of unnecessary details, the facts material for the purpose of disposal of this appeal may be stated thus: The appellant company is engaged in the business of manufacture and sale of "Bhisham" brand mustard oil and cakes. They had obtained an open transit insurance policy from the respondents covering "all types of edible oils in tins..." transported by rail/road (which had to be declared) from Jaipur to anywhere in India. Initially, the liability of the respondents was limited to Rs. 10 lakhs but during the relevant period, the limit was enhanced to Rs. 1 crore. The insurance policy was subject to certain conditions attached as schedule to the policy. Additionally, the cover note also contained the following special condition and warranty: Each & every consignment must be declared immediately before dispatch of goods. ;