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2021 Supreme(Online)(Del) 4524

DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Not mentioned, Not mentioned
KLJ Polymers & Chemicals Ltd. – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Table of Content
1. insurance policy taken by complainant. (Para 1 , 2 , 3 , 4 , 5)
2. claim denial by insurer on spontaneous combustion. (Para 6 , 8 , 9)
3. argument on consumer status under the act. (Para 12 , 13 , 15 , 16)
4. burden of proof rests with the insurer. (Para 17 , 18 , 19)
5. court finds insurer deficient in service. (Para 20 , 22 , 23)

1. The present Consumer Complaint has been filed before this Commission under S.17 of the Consumer Protection Act, 1986 , by KLJ Polymers & Chemicals Ltd. (hereinafter referred to as "Complainant") against Oriental Insurance Company Ltd. (hereinafter referred to as "Opposite Party") seeking the following reliefs:
(a) "To pay in respect of the loss of raw material / chemicals stored at the raw material godown amounting to Rs.40,52,182 as per stock.
(b) To compensate on account of mental torture, untold mental agony, harassment and hardship to the tune of Rs. 1,00,000;
(c) To compensate for litigation expenses to the tune of Rs.50,000;
(d) To pay interest @15% per annum from the date of the complaint till realisation."

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant had taken two standard fire and S










































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