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INDER JIT SINGH
Inland World Logistics Pvt. Ltd. – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
The present Consumer Complaint (CC) has been filed by the Complainant against the opposite party as detailed above, inter aila praying for directing the Opposite Party (OP) to:—
(i) grant Rs.17,41,94,520/- alongwith interest @18% p.a. towards the loss of goods due to the accident (Rs.7,75,00,000/- towards principal, and interest Rs.9,66,94,520/-, calculated @18% from 14.09.2010 to 15.07.2017);
(ii) grant pendentelite and future interest @ 18% per annum till realization;
(iii) grant an amount of Rs.50,00,000/- towards damages;
(iv) grant cost of litigation of Rs.10,00,000/-.
2. Notice was issued to the opposite party on 20.09.2017 giving them 30 days’ time to file their written statement.
3. It is averred/stated in the complaint that:—
(i) That the complainant is a company incorporated under the Companies Act, 1956 and is engaged in transportation of consignments across India for various customers. The complainant is a logistic company which is globally respected as one of the industry leaders in offering point to point services for transportation of goods and storage facilities and has over 350 locations, fleet of vehicles and a nation-wide network. The complainant,
Repudiation - For repudiation viz; cause of fire not established, OP could not show any clause in the policy which would permit the OP to repudiate the claim if the cause of fire is not established.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
The insurer must settle valid insurance claims timely, and failure to substantiate claims can lead to repudiation; however, claimants must provide adequate documentation to support their claims.
(1) Adverse Claim – The law mandates that a party confronted with an adverse claim must voice its opposition; failure to do so results in a deemed acceptance of the allegations or facts asserted agai....
(1) Contract of Insurance – It is well settled that a contract of Insurance is to be honoured strictly in terms of the conditions specified in the Policy without making any alteration in the words us....
The court established that a consumer can claim under the Consumer Protection Act for insurance disputes, even with commercial intent, emphasizing assessment fairness by the appointed Surveyor.
Assessment - The Complainant, therefore, cannot be allowed the amount beyond the assessment of the Surveyor.
The insurer's repudiation of a claim must adhere to statutory timelines; arbitrary and unfounded repudiation constitutes deficiency in service.
(1) Constructive approach - A constructive approach, not one that is based on assumptions and surmises with an intention to negate the claim by categorizing it fraudulent is desirable.(2) Industry Ap....
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