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2020 Supreme(J&K) 353

ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL
United India Insurance Company Ltd. – Appellant
Versus
Star Dry Fruits – Respondent


Advocates Appeared:
For the Appellant(s):Ms. Rifat Khalida, Advocate
For the Respondent(s):Mr. J.H. Reshi, Advocate

Judgment

Ali Mohammad Magrey, J.—By this appeal, the appellant-United India Insurance Company Ltd. has assailed the validity of judgment dated 24th of October, 2018, passed by the erstwhile Jammu and Kashmir State Consumer Redressal Commission, Srinagar (hereinafter referred to as “the learned Commission”) in complaint No.16/2014 titled ‘M/S Star Dry Fruits v. United India Insurance Company Ltd.’, whereby the learned Commission, while allowing the complaint, has directed the appellant Insurance Company to pay the loss assessed by the surveyor, being Rs.14,91,500/-, to the complainant alongwith interest @ 9 percent from the date of filing of complaint till its final payment together with litigation charges of Rs.25,000/-.

2. The facts leading to the filing of this appeal, as come to fore from the bare perusal of the pleadings on record, are that the complainant firm/ respondent No.1 herein was/is carrying on its business under the name and style of ‘M/S Star Dry Fruits’, having its principal place of business at New Colony, Shah Mohalla, Nawabazar, Srinagar. As per the complainants/ respondents herein, all the stocks in trade were/ are kept at principal place of business aforesaid a

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