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KUMKUM RANI, B. S. MANRAL
Mohd. Aslam – Appellant
Versus
Shriram General Insurance Company Limited – Respondent
ORDER
Kumkum Rani, President.—This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against the impugned judgment and order dated 04.02.2020 passed by learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as “The District Commission”) in consumer complaint No.21 of 2019, styled as Sh. Mohd. Aslam vs. Shriram General Insurance Company Limited, whereby the consumer complaint was dismissed.
2. The facts giving rise to the present appeal, in brief, are, as such that the appellant/complainant was the registered owner of truck bearing registration No.UP25-T-5108, which was insured with the respondent/opposite party for the period from 21.08.2017 to 20.08.2018. On account of no work due to rainy season, the insured vehicle was parked by the complainant near Railway Line, Chorgalia Road, Near Gola Bypass, Haldwani, District Nainital, at a safe place. On 23.06.2018 at about 11:00 p.m., the complainant received an intimation regarding fire in the truck, which was informed to the Fire Brigade authorities, who extinguished the fire. On account of fire, the insured vehicle was extensively damaged, causing a loss of Rs.3,00,000/-,
Insurance – Storage of goods in extended portion of shop is in violation of terms and conditions of insurance policy.
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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.
Suspicion cannot replace conclusive proof in insurance claims regarding unauthorized modifications.
Both interest and compensation for mental agony cannot be awarded.
Goods damaged in short circuit due to fire – Liability of DTDC will extend to its destination place.
Fire accident in residential house of complainant due to leakage in gas cylinder—Without proving fact of loss, impugned judgment and order of District Commission concerned for its payment is not prop....
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