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


Counsel for the Parties :
For the Appellant :Mr. P.P. Malhotra, Additional Solicitor General with Mr. A.K. De and Mr. Ashok K. Mahajan, Advocates.
For the Respondent:Mr. Sudarsh Menon and Mr. Bharat Swaroop Sharma, Advocates.

Judgment

A.K. Mathur, J.—Leave granted.

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 the Consumer Disputes Redressal Forum-II (District Forum-II), New Delhi.

2. The brief facts which are necessary for the disposal of the appeal are as follows. The respondent took out a policy by the appellant company for a sum of Rs. 7 lacs against burglary and/or house breaking policy with effect from September 22, 1991 to September 21, 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 house breaking or

(b) Any damage be caused to the premises to be made good by the insured from burglary and/or house breaking or any attempt thereat.”

3. The term “burglary and/or house-breaking” has been defined in terms of the policy also which reads as under :

“Burgla
































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