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V.B.GUPTA, PREM NARAIN
Diakem India Private Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Shivam Sharma, Advocate

ORDER :

Appellant/Complainant, being aggrieved by impugned order dated 28.11.2014 passed by State Consumer Disputes Redressal Commission, Maharashtra, Mumbai in Complaint Case No.10 of 2014, has filed present appeal. Along with it, an application seeking condonation of delay of 207 days has been filed.

2. Appellant’s case is, that it availed Burglary and Housebreaking Policy (Business Premises) issued by Respondent No.1/Opposite Party No.1, to provide insurance cover to the stock in trade viz. CNG kits along with accessories imported and stored in the godown premises. The policy was valid w.e.f. from 4th March, 2008 to 3rd March, 2009 for sum insured of Rs.37,00,000/-. It is stated, that first time on 20th July, 2008 it was noticed that there was a burglary in the insured godown and about 250 CNG kits were stolen from the insured premises. F.I.R. was lodged with the concerned police station. However, the case was closed culprits were not traceable. The incident of theft was reported to respondent no.1. Surveyor was appointed, who carried the survey. However, respondent no.1 while relying on the survey report, repudiated the insurance claim payable under the policy on several grounds.




























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