S.KULWANT SINGH, S.S.SANDHAWALIA, BASANTI DEVI
SUSHIL KUMAR – Appellant
Versus
SENIOR DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD. – Respondent
Mr. Justice S.S. Sandhawalia, President—Whether the Consumer must necessarily come with clean hands before the redressal agencies under the Consumer Protection Act — is the significant, threshold question in this complaint Equally at issue is the scope of interference on the ground of deficiency in service allegedly arising from an insurance contract.
2. For the purposes of the twin question aforesaid (and also because of the added factor that herein we are relegating the complainant to his ordinary civil remedies at law) it is now unnecessary to delve too deeply into the facts or meticulously examine the intricacies, if the merits of the tangled controversy between the parties. It suffices to mention that the complainant firm of M/s. Sandley Industries Private Limited (through their partner Sushil Kumar) has raised a claim of Rs. 6,09,088/- only against their insurer the Oriental Insurance Company Limited. The broad outline of the complaint is that M/s. Sandley Industries carry on the business of manufacturing Zinc from Zinc Ash and cyclone in their factory premises located at Hisar. The firm had insured its chemicals slock stored in the shed with the Insurance Company under a
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