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SUDIP AHLUWALIA, J. RAJENDRA
Madhukant K Vira – Appellant
Versus
Bajaj Allianz General Insurance Company Limited – Respondent
JUDGMENT
AVM J. Rajendra, AVSM VSM (Retd.), Member—This Consumer Complaint has
been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Party seeking to direct the
O.Ps:—
(A) That, it be held that the OPs have rendered deficient service to the Complainant within the meaning of the Consumer Protection Act, 1986;
(B) That, it be held that the OPs adopted Unfair Trade Practice within the meaning of the Consumer Protection Act, 1986;
(C) That, the OPs be directed to pay to the Complainant an amount of Rs.10,04,97,831/- towards loss caused to the Complainant due to collapse of insured building due to insured peril;
(D) That the OPs be directed to pay to the Complainant interest @15% on the said amount of Rs.10,04,97,831/- from 20th August 2016 till the amount is paid by the Insurance Co.;
(E) That, the OPs be directed to pay to the Complainant Rs.10 lakhs towards mental harassment caused by the OPs.;
(F) That the OPs be directed to pay to the Complainant cost of Complaint of Rs.7.50 lakhs;
(G) Any other relief be granted to the Complainant which this Commission may deem fit in the interest of justice and fair play;
2. Brief fac
Insurance – Collapse of building – Where policy in question is for reinstatement, Complainant is entitled for Reinstatement Value of similar building.
1. Investigated and determined - Merely because recording of evidence is required, or some questions of fact and law arise which would need to be investigated and determined, cannot be a ground for s....
The court affirmed that damages due to inundation are covered under the insurance policy, and failure to provide policy terms invalidated the insurance company's repudiation.
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
(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....
Lightening Strike - The incident of lightening struck on the insured’s premises is borne out by the reports in the local newspapers and the visit of revenue and police officials to the premises. Ther....
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
Findings of fact recorded by State Commission cannot be interfered with in exercise of revisional jurisdiction of this Commission.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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