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2009 Supreme(SC) 620

D.K.JAIN, R.M.LODHA
Vikram Greentech (I) Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellants :Vijay Hansaria, Sr. Adv., Ms. Sneha Kalita, Sunil Kumar, Advocates.
For the Respondents:P.K. Seth, Sudhir Kumar Gupta, Advocates.

JUDGEMENT

R.M. Lodha, J.—

This appeal under Section 23 of the Consumer Protection Act, 1996 (for short, ‘The Act’) is directed against the judgment and order dated October 30, 2001 passed by National Consumer Disputes Redressal Commission, New Delhi (for short, ‘ National Commission’) whereby the complaint filed by the appellant for direction to the respondent to settle the insurance claim alongwith interest @ 18% per annum and compensation of Rs.25 lakh on account of mental agony, harassment and monetary loss came to be dismissed.

2. The sequence of facts may be noticed first. Vikram Greentech (I) Ltd. came to be incorporated in 1993 with an object of setting up a floriculture project in the State of Maharashtra. In 1995, the company started negotiations with the respondent (hereinafter referred to as ‘Insurance Company’) for a comprehensive floriculture insurance policy. On January 18,1996, the company (hereinafter referred to as ‘insured’) submitted a proposal to the Insurance Company for a comprehensive floriculture insurance of poly-house (Rs.1.25 crore), irrigation system (Rs.25 lakh), cost of cultivation of flowers (Rs.25 lakh) and input cost from first flowering to the harv





























































































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