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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
New India Assurance Co. Ltd. – Appellant
Versus
Gayatridham Phase Co-op. Housing Society – Respondent
JUDGMENT :
SOMASEKHAR SUNDARESAN, J.
1. Rule. By consent of parties, made returnable forthwith and taken up for final hearing.
Context and Factual Background:
2. This Petition impugns a judgement passed by the National Consumer Disputes Redressal Commission (“National Commission”) dated March 4, 2024 (“National Commission Order”), refusing to interfere with an Order passed by the State Consumer Disputes Redressal Commission, Maharashtra (“State Commission”) dated November 15, 2016 (“State Commission Order”).
3. The Petitioner, New India Assurance Co. Ltd. (“New India”) had issued a Standard Fire and Special Perils Policy on July 25, 2004 (“Insurance Policy”) to the Respondent No.1, Gayatridham Phase Co-op Housing Society (“Society”) which was scheduled to expire on July 24, 2005. Ahead of the scheduled expiry, on July 17, 2005, the Society paid the applicable premium amount for renewal of the Insurance Policy. The cheque towards premium amount for Rs.18,910/- had been drawn on Respondent No. 2, The Thane District Central Co-operative Bank Ltd. (“Thane Bank”).
4. On July 22, 2005, New India renewed the Insurance Policy and issued a fresh Policy for the next year i.e. between July 25, 2005
Insurance policies cannot be repudiated without clear evidence, and ongoing communications may extend limitation periods for claims under the Consumer Protection Act.
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