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2019 Supreme(SC) 599

D.Y.CHANDRACHUD, HEMANT GUPTA
Bharat Watch Company Through Its Partner – Appellant
Versus
National Insurance Co. Ltd. Through Its Regional Manager – Respondent


Advocates Appeared:
For the Appellant : Mr. Sudhanshu S. Choudhari, AOR, Ms. Surabhi Guleria, Adv., Mr. Yogesh Kalte, Adv., Ms. Nandini Singla, Adv.
For the Respondents: Mr. Vishnu Mehra, Adv., Mr. Anant Mehrotra, Adv., Ms. Sakshi Mittal, AOR

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. The National Consumer Disputes Redressal Commission [“NCDRC”] by its judgment dated 16 April 2015 reversed the concurrent findings arrived at by the District Consumer Disputes Redressal Forum, Solapur [“District Forum”] and by the Consumer Disputes Redressal Commission, Maharashtra [“SCDRC”].

3. The appellant has a showroom at Solapur in which watches are sold. The appellant had insured its stock of watches with the respondent. During the course of the night on 3 August 2001, after the shop had closed for the day, a theft occurred in the premises. The theft was detected at about 9 A.M. on the next day after the shop opened for business.

4. A First Information Report was lodged with the Police and a claim under the insurance policy was made. The surveyor submitted a preliminary report on 4 September 2001 indicating a loss of approximately Rs 3,86,395. The surveyor recorded that they were informed by the partner of the firm that the theft may have taken place by utilising duplicate keys. The surveyor, however, found empty watch stands on which the strips of the model numbers were lying behind the counters. There was no sign of



















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