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KUMKUM RANI, C. M. SINGH
Oriental Insurance Company Ltd. – Appellant
Versus
Kamal Mehta – Respondent
ORDER
Kumkum Rani, President—The present appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 24.03.2017 passed by the District Consumer Disputes Redressal Forum, Udhamsingh Nagar (hereinafter to be referred as the District Commission) in consumer complaint No. 80 of 2014 styled as Sh. Kamal Mehta Vs. The Oriental Insurance Co. Ltd. & Anr., wherein and whereby the complaint was allowed against the opposite party No. 1.
2. The brief facts of the case are that the complainant runs a general store in the name of Monu General Store at Kichha Road, Sitarganj which was insured with the opposite parties from 26.04.2013 to 25.04.2014. During the insured period, on 12.04.2014 at about 11p.m. after closing the shop he got information that his shop had caught fire. He reached the spot and saw that his shop was in the grip of fire. The fire was controlled with the help of fire brigade, but all the goods in the shop had been damaged due to fire. The information of fire was given to the Kotwali Sitarganj on 13.04.2014 and the opposite parties were also informed, who got the shop surveyed by their surveyor. The complainant completed all t
Insurance – Storage of goods in extended portion of shop is in violation of terms and conditions of insurance policy.
Both interest and compensation for mental agony cannot be awarded.
Insurance Policy – Fire Insurance – Insurer not liable to pay any amount over & above the amount paid towards policy
(1) Privity of contract - It is also well settled that provisions of Consumer Protection Act, 1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contrac....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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