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J. RAJENDRA, ANOOP KUMAR MENDIRATTA
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
Ranjot Singh – Respondent
JUDGMENT
AVM J. Rajendra AVSM VSM (Retd.), Presiding Member.—This First Appeal has been filed by the Opposite Party under Section 19 of the Consumer Protection Act, 1986 (‘the Act’) against the State Consumer Disputes Redressal Commission, Himachal Pradesh (the State Commission) Order dated 26.02.2019 in CC No. 14 of 2016, wherein the Complaint was partly allowed.
2. As per the report of the Registry, there is a delay of 56 days in filing the present First Appeal. For the reasons stated in IA No. 6780/2019 is allowed and the delay is condoned.
3. For Convenience, the parties in the present case are being referred to as per the complaint before the State Commission. Ranjot Singh is identified as the Complainant and National Insurance Co. Ltd. is referred to as the Opposite Party / Insurer (OP).
4. Brief facts of the case, as per the Complainant, are that the Complainant and his brothers purchased a piece of land comprising Khasra No. 1198/1083/768/244/1, measuring 04 Biswa at Mauja Kotali, Tehsil Rajgarh, District Sirmour, Himachal Pradesh. Subsequently, based on an oral family settlement, the Complainant’s brothers relinquished their respective shares/rights in the said plot in favour
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
(1) Terms and Conditions – The terms and conditions of the Insurance Policies require the Insured to take all reasonable steps to safeguard the property under insurance.(2) Policy – Examination of th....
The court affirmed that contracting insurance does not exempt individuals engaged in commercial activities from consumer protection rights.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
1) Though all required documents were submitted by the Respondent to the Appellant, claim of the Respondent was repudiated by the Appellant for not supplying the documents.2) Calculation made by surv....
Inundated - The rainfall measured 24 cm on a single day on 24th August, 2000. Many areas of these cities were inundated. As such, it is proved that cause of loss was inundation due continuous rain fa....
Underinsurance assessed by Surveyor is arbitrary.
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