Back
SUBHASH CHANDRA, J. RAJENDRA
Surya Lakshmi Cotton Mills Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Parties seeking to direct the OPs:—
“For the reasons stated hereinabove it is most humbly prayed that this Hon’ble Forum may be pleased to pass an Order directing the Respondents to pay a sum of R$ 8,97,68,900/- with interest at the rate of 12% p.a.; and be pleased to pass
Such other Order or Orders as this Hon’ble Commission may deem fit and necessary in the facts and circumstances of the case.”
2. Brief facts of the case, as per the Complainants, are that Complainant had obtained four insurance policies from the Opposite Parties (OPs) to cover various assets of its industrial establishment. The first policy No. 050405/11/06/11/00000452, provided coverage for the Building, Plant and Machinery, and Electrical Installations for a total sum insured of Rs. 260,00,00,000, valid from 28.03.2007 to 27.03.2008. The second policy, No. 050405/11/06/11/00000435, covered Stock in Process for Rs.13,50,00,000, valid from 08.03.2007 to 07.03.2008. The third policy, No. 050405/11/07/12/00000061, covered S
Surveyor – The assessment made by a surveyor holds significant importance.
(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....
Delay – The delay in settling the claim for the incident occasioned on 11.05.1997 after the lapse of over 5 years and 5 months verges to deficiency in service.
The acceptance of an insurance settlement under protest does not forfeit the right to pursue further claims, affirming the consumer's right amid shortcomings in service.
(1) Survey Report - The Survey Report is an important document and cannot be ignored while settling claims.(2) Coercive practice - Complainant has not issued the Discharge Voucher of his own free wil....
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....
Approved Surveyor’s assessment is necessary for a claim – There is no reason to reject Report of Surveyor Target Surveyor which inspire confidence of Bench.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
