UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) This petition seeking leave to appeal under Article 136 of the Constitution is at the instance of M/s Universal Sompo General Insurance Company Limited, Original appellant before the National Consumer Disputes Redressal Commission (for short, 'the NCDRC') in the First Appeal No. 376 of 2016 by which the NCDRC dismissed the appeal filed by the petitioner herein thereby affirming the order passed by the State Consumer Disputes Redressal Commission (for short, 'the SCDRC') of Delhi, holding that the respondent No. 1 /complainant was entitled to receive the claim amount and appropriate compensation from the petitioner and its joint venture partner viz. Allahabad Bank (respondent No. 2) for the goods stolen from the premises in question.

(2.) It appears from the materials on record that the respondent Bank, acting as an intermediary issued a Standard Fire and Special Perils Policy dtd. 5/12/2011 in favour of the complainant through the petitioner herein. Similarly, a Burglary Insurance Policy was also issued in favour of the complainant dtd. 8/12/2011. Both the policies covered a sum of Rs.50.00 lakh for the risk of fire and burglary. The policies were for the period between 25/11/2011 and 24/11/2012.

(3.) By way of letter dtd. 28/3/2012, the complainant informed the respondent Bank that the construction of his new premises at Bawana, Delhi had been completed and he had transferred his stock to the above premises situated in Bawana from the premises situated in Rajgarh Ext., Gandhi Nagar, Delhi and Bhagirath Palace, Chandni Chowk, Delhi. In this letter the complainant had also instructed the Bank to inform the petitioner.