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1994 Supreme(Bom) 211

G.G.LONEY, M.G.GAVAI
Kishor P. Mastakar – Appellant
Versus
New India Insurance Company Ltd. and another – Respondent


JUDGMENT - G.G. LONEY, President :---This is a complaint made by Kishor Mastkar a proprietor of Auto Service Station, Bombay alleging the deficiency in the service of the New India Assurance Co. Ltd. (for short Insurance Company). The complainant alleged that he had hired the service of Insurance Company which provided two insurance policies viz. "fire policy" and "money in transit policy" for the period 14-5-1991 to 13-5-1992. These facts are not in dispute. The opp. party No. 2 visited the complainant and demanded the premium amount for the aforesaid two policies. The opp. party No. 2 collected the premium amount of Rs. 15,938/- from the complainant for renewal of money in transit policy valued at Rs. 50,10,000/-. It was to cover a loss upto Rs. 4,25,000/-. A copy of renewal form is at exhibit "3". The opp. party No. 2 promised to issue money-in-transit policy before its expiry on 13-5-1992. The complainant alleged that his brother Ashok repeatedly approached opp. party No. 2 for issue of money in transit policy but every time he was assured that the policy is ready and ultimately it was never handed over to complainant. The complainant further alleged that opp. party No. 2 made









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