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BINOY KUMAR, SUDIP AHLUWALIA
West Bengal State Electricity Distribution Company Ltd. – Appellant
Versus
National Insurance Company Ltd. – Respondent
ORDER
This Consumer Complaint has been filed under Section 21(a)(ii) of the Consumer Protection Act, 1986 alleging deficiency in
service and unfair trade practice on the part
of the Opposite Party, and seeking payment
of the amount claimed under the Insurance Policy.
2. The factual background, in brief, is that the Complainant, which is a Governmental Company established under the Companies Act, 1956, had procured a Machinery Insurance Policy for the plant and machinery of Unit No.1, Jaldhaka Hydel Project (JHP). This Policy, numbered 100700/44/13/5200000007, was effective from the midnight of 24.05.2013 till 23.05.2014, for a total premium of Rs.3,87,307/- and the sum assured was Rs.25,91,04,226/-. On 02.10.2013, at 18.05hrs., during the initiation of Unit No. 1 at JHP Stage-1, significant hammering noise and vibration occurred. The machine was subsequently shut down due to high water level in the drainage pit and PRV leakage. An immediate inspection revealed an abnormal downstream pressure gauge reading of 10-12Kg/cm2, which should have been 15-16Kg/cm2, in matching the upstream pressure. The machine was deactivated the same night, and in the morning shift inspection on 03.10.201
(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) Mere reading shows that Violation of Policy Conditions written in surveyor’s report are patently ambiguous and incoherent.2) Nothing prevented the insurance co.’s surveyor to confirm from relevant....
Insurance Policy – Machinery Breakdown Insurance Policy – Repudiation of Insurance policy – No clarity as to under which policy claim has been repudiated – Deficiency in service.
(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.
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