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V.K.JAIN
Oriental Insurance Company Limited – Appellant
Versus
Hotel Shakunt – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Mohan Babu Agarwal, Advocate
For the Respondent:Ms. Anushree Prashit Kapadia, Advocate

ORDER (ORAL)

V.K. Jain, Presiding Member.—The complainant/respondent in this matter is hotel Shakunt care of Gaurang Gangaprasad Jani. A consumer complaint was instituted by hotel Shakunt through Sh. Gaurang Gangaprasad Jani alleging therein that the complainant is the owner and sole proprietor of hotel Shakunt at H.K. Bhawan, Reid Road, Ahmadabad. This would mean that the complaint was instituted by Gaurang Gangaprasad Jani claiming to be proprietor of hotel Shakunt. An insurance policy in the name of hotel Shakunt was issued for the period from 03.03.2007 to 29.093.2008. The policy was titled as Machinery Brakedown Policy and had been obtained in respect of a lift installed in the building in which hotel Shakunt was being run. The hotel building collapsed on 01.02.2008. A claim under the insurance policy issued by the petitioner company was lodged. A surveyor was appointed to assess the loss. The claim, however, was repudiated vide letter dated 19.06.2009 which to the extent it is relevant reads as under:-

This has reference to your above mentioned Fire Claim.

In this regard, we have taken opinion of our Surveyor M/s CP, Mehta. As per his survey report, the building was colla

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