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2004 Supreme(Del) 808

A.K.MATHUR, S.N.VARIAVA
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
HARCHAND RAI CHANDAN LAL – Respondent


Advocates Appeared:
ASHOK MAHAJAN, BHARAT SWRUP SHARMA, P.P.MALHOTRA, Sudarsh Menon

A. K. Mathur, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the order passed by the National Consumer disputes Redressal Commission, New delhi in Revision Petition No. 2159 of 2002 confirming the order passed by the state Consumer Disputes Redressal Commission, New Delhi as well as the order passed by Consumer Disputes Redressal forum-II (District Forum-II), New Delhi.

( 3 ) THE brief facts which are necessary for disposal of the appeal are as follows. Respondent took out a policy by the appellant company for a sum of Rs. 7,00,000 against burglary and/or housebreaking with effect from 22. 9. 1991 to 21. 9. 1992. Necessary provisions of the policy read as under:

"the Company hereby agrees subject to the terms and conditions contained herein endorsed/or otherwise expressed hereon that if, (a) The property hereinafter described or any part thereof be lost or damaged by burglary and/or housebreaking or (b) Any damage be caused to the premises from burglary and/or housebreaking or any attempt thereat to be made good by the insurer. "

( 4 ) THE term burglary and/or house- breaking has been defined in terms of the policy also which reads as under:

" burglary and/or housebr



















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