Insurance Company vs M/s Himachal Pharmaceuticals Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(Del) 4428

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
N. M. K. Chowdhury, J
Insurance Company – Appellant
Versus
M/s Himachal Pharmaceuticals Limited – Respondent

Table of Content
1. claims filed under consumer protection act. (Para 1 , 2 , 3)
2. evaluation of claims and surveyor's report. (Para 4 , 5 , 6 , 7)
3. defense based on npa status. (Para 8 , 12 , 13)
4. details required for loss assessment. (Para 10 , 11)
5. importance of documentary proof for claims. (Para 14 , 15 , 16 , 17)
6. final order and decision on the appeals. (Para 18 , 19)

1. The present cross Appeals are filed by the Appellants under S.19 of the Consumer Protection Act, 1986 against the order passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (for short ˜the State Commission') in CC No. 08 of 2007 dated 10.5.2018. First Appeal No. 1401 of 2018 has been filed by the Appellant / Insurance Company with a delay of 54 days as per the report of the Registry, however, as per the Appellant / Insurance Company the delay is 53 days. First Appeal No. 1498 of 2019 has been filed by M/s Himachal Pharmaceuticals Limited with a delay of 401 days, as per report of the Registry. However, as per the Appellant / Complainant, the delay is of 364 days. For the reasons stated in both the applications and in the interest of justice, the delay is condoned.

2. Complai