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V.K.JAIN
Mohak Carpets Pvt. Ltd. – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Karan Batura, Advocate

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant company is engaged in the business of the manufacturing of carpets. The company obtained a Standard Fire & Special Perils Policy from the opposite party, for the period from 08.10.2014 to 07.10.2015, for a sum assured of Rs.23,75,00,000/-. A fire broke out in the factory of the complainant on 20.2.2015 and the complainants claims to have suffered huge losses, on account of the said fire. A claim of Rs.13,62,74,059/- was submitted by the complainant to the insurer. A surveyor was appointed by the insurer, who assessed the loss at Rs.3,13,76,526/- . The surveyor also reported that the insured had violated condition No.1 and 8 of the insurance policy.

2. The insurer vide its letter dated 20.4.2017 repudiated the claim. The aforesaid letter, to the extent it is relevant, reads as under:

“The surveyor has examined the auditor report in respect of the relevant period. It was noticed by the surveyor that in the auditor reports it has been specifically mentioned that insured has over valued their current assets and there are number of doubtful debits which had arisen due to over billing and invoices. The said report was submitted by

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