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SUBHASH CHANDRA
Swarna Motors – Appellant
Versus
Oriental Insurance Company Limited – Respondent
ORDER
This Complaint under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) has been filed against the repudiation of the insurance claim under a Standard Fire and Special Perils Policy obtained by the Complainant who is a proprietorship firm operating as a premier distributor of genuine spare parts of commercial vehicles, on account of a fire incident on 12.10.2013 at the office-cum-warehouse of the Complainant at Panipat, Haryana.
2. The Complainant lodged a claim for Rs.6,97,37,720/- with the Opposite Party. The Opposite Party appointed M/s Atul Kapur and Company, Fire, LOP, Miscellaneous & Marine Surveyors to assess the loss to whom all relevant documents were submitted by the Complainant. However, on 01.04.2015, Opposite Party No.3 (Surveyor) submitted an assessment report for a net loss of Rs.48,83,696/-. A copy of this report was received by the Complainant on 29.12.2015. Based on this report, which stated that during verification, it had been found that stock registers, inward outward register etc. had not been maintained and that the Complainant had informed that most of the records pertaining to the stock had been burnt in the fire incident. After ded
(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 insurer's repudiation of a claim must adhere to statutory timelines; arbitrary and unfounded repudiation constitutes deficiency in service.
(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....
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
Insurance – Once assessment has been made by Surveyor regarding loss/damage which takes place due to fire and that is not disputed by Insurance Company, repudiating claim is unfair and is not legally....
Surveyor – It is mandatory for the Insurer to appoint a surveyor for assessment of loss, exceeding Rs.25000/- under Section 68 UM of Insurance Act, 1938. Bonafide/malafide – The surveyor is an expert....
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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