Mrs. Vineeta Rai, Presiding Member —Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) had dismissed this case at the admission stage on the ground that since this is a case of charging of extra premium and seeking refund of the same, it is not a consumer dispute and, therefore, does not fall within the ambit of deficiency in service on the part of Insurance Company and the complaint, if any, pertains to a breach of contract between the parties for which remedy lies in the Civil Court. Being aggrieved by this order, M/s Tilda Riceland Pvt. Ltd., Appellant herein and Original Complainant before the State Commission, have filed the present First Appeal.

2. Briefly stated, the facts of the case as per the Appellant/Complainant are that it is a company in the business of buying, selling, distributing and dealing in import and export of rice. It also carries on research and development in all spheres of production, processing and DNA testing of rice etc. It had obtained an Erection All Risk (EAR) Policy from the Respondent/Insurance Company by paying a premium of Rs.66,76,171/- which was payable in installments over a period from 01.