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A. P. SAHI, INDER JIT SINGH
Oriental Insurance Co. Ltd. – Appellant
Versus
Caltan Instruments Ltd. – Respondent
ORDER
Dr. Inder Jit Singh, Member.—The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21(b) of Consumer Protection Act, 1986, against the order dated 24.09.2007 of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.07/506 in which order dated 04.05.2007 of District Consumer Disputes Redressal Forum (Central), Delhi (hereinafter referred to as District Forum) in Complaint (CC) No.586/2003 was challenged, inter alia praying for setting aside the order dated 24.09.2007 passed by the State Commission.
2. While the Revision Petitioner(s) (hereinafter also referred to as Opposite Party) was Appellant before the State Commission and Opposite Party before the District Forum and the Respondent (hereinafter also referred to as Complainant) was Respondent before the State Commission in Appeal No.07/506 and Complainant before the District Forum in Complaint No.586/2003.
3. Notice was issued to the Respondent on 24.01.2008. Parties filed Written Arguments on 08.11.2012 & 28.04.2022 (Petitioner) and 20.02.2017 & 21.03.2022 (Respondent) respectivel
Timely and accurate declarations for consignments are critical in marine insurance policies; failure to comply can validate an insurer's repudiation of claims.
National Commission should not go beyond grounds of repudiation of insurance claim while hearing appeal against order passed by State Commission.
(1) Voidable policy – when the complainant himself, by his own acts, rendered the Policy absolutely voidable, cannot be allowed to succeed on the ground of delay in repudiation having regard to the s....
Mixed up figures – Commission was not in a position to issue any positive direction in favour of the Complainant based on mixed up figures that also embrace the consignment belonging to one another u....
Delivery - The fact that delivery itself was not accomplished, and a claim was raised, the issue of applicability of the clause of ‘or 7 days whichever is earlier’ would not apply.
(1) Claim of Insured not been repudiated rather it has been accepted, as such various grounds raised in written reply/arguments for repudiation of the claim have to be ignored. (2) It is well settled....
(1) Surveyors - Surveyors are appointed by the Insurance Companies and they work strictly as per the directions given and the mandate assigned to them by the Insurance Companies.(2) Independent mind ....
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