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PINKI, BIMLA KUMARI
GNE Exports Pvt. Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
ORDER
Bimla Kumari, Member Female.—Brief facts of the case are that the complainant company (herein after referred to as complainant) has taken various insurance policies from the opposite party and also purchased a Standard Fire and Special Peril Insurance Policy No.36090111120100000221 for a period w.e.f. 08.01.2013 to 07.01.2014 for a sum of Rs.One crore in respect of premises R.No.6-10, B-31-32, G-32, Ground Floor Masjid Moth, South extension, New Delhi-110049. The said insurance policy covered the stocks of all kinds of clothes such as fabrics, readymade garments, suits, F.S.F. goods, Goods in process, raw material used for manufacturing readymade garments and similar goods belonging to the complainant’s trade. However, the address in the insurance policy was mentioned by the opposite party as R.No.6-10, B-31-32, G-32 First Floor, Masjid Moth, South extension, New Delhi-110049. Further, the location address was also mentioned as Gurgaon-110049, whereas the insurance policy was purchased by the complainant for New Delhi.
2. It is the case of complainant that before the policy was issued, the Officers of the Opposite Party, personally visited the premises and thereafter, the pol
Insurance Policy, viz; Standard Fire & Special Peril Insurance Policy – Repudiation of claim not justified – Complainant is Consumer as he filed claim for recovery of amount assessed by surveyor.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
(1) Commercial Purpose - person who takes Insurance policy to cover the envisaged risk does not take the policy for commercial purpose.(2) Livelihood - it is revealed from complaint and statement of ....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
The court enforced the principle that ambiguities in insurance policies favor the insured, ruling against the insurer for failing to adequately disclose exclusions.
Insurance claims must be assessed based on fair and contractual standards, avoiding arbitrary deductions.
The court upheld the view that a discharge voucher does not preclude subsequent claims under the Consumer Protection Act if evidence of coercion is absent.
“Repudiation of insurance claim on ground of exclusion clause in the policy, since not expressly conveyed to the insured, amounts to deficiency in service.”
(1) Surveyor Report – Surveyor Report is an important piece of evidence and it has to be given due weight, though it is not sacrosanct and it can be displaced by leading a cogent evidence.
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