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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
* R. K. Agrawal (President), Dr. S. M. Kantikar (Member)
M/s. Dujodwala Products Ltd. – Appellant
Versus
National Insurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. definition of deficiency in service in the context of insurance claims. (Para 1 , 2 , 3) |
| 2. evidence and burden of proof in insurance disputes. (Para 4 , 6 , 7) |
| 3. interpretation of insurance policy exclusion clauses. (Para 10 , 12 , 14) |
| 4. final ruling on entitlement to claim and restoration of lower court order. (Para 15 , 16) |
1. M/s. Dujodwala Products Ltd., Raigad (hereinafter referred to as the Complainant) has filed the present Revision Petition under S.21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as the Act), against the Impugned Order dated 4.9.2018 passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as State Commission) in Appeal No. A / 15/313, whereby the State Commission had allowed the Appeal filed by the National Insurance Company Ltd. (hereinafter referred to as Opposite Party Insurance Company) and had set aside the Order dated 14.10.2014 passed by the Raigad District Consumer Disputes Redressal Forum, Alibagh (hereinafter referred to as the District Forum) and dismissed the Complaint filed by M/s. Dujodwala Products Ltd., the Complainant.
2. Brief facts as narrated in the Complaint a
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