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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath (Presiding Member), Ram Surat Ram Maurya (Member)
Hitesh M. Selarka – Appellant
Versus
The Oriental Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. details of the case and insurance claim. (Para 2 , 3 , 4 , 5) |
| 2. discussion on the legal obligations and grounds for repudiation. (Para 7 , 9 , 10) |
| 3. court's conclusion on appeal dismissal. (Para 8) |
| 4. recognition of policy conditions violation leading to claim rejection. (Para 11 , 12) |
1. Heard Mr. Sunil Mund, Advocate, for the appellant and Mr. Ajay Singh, Advocate, forrespondent - 1, through video conferencing.
2. This appeal has been filed against the order of State Consumer Disputes Redressal Commission, Maharashtra, at Mumbai, dated 30.1.2015, passed in Complaint Case No. 57/2013, whereby the complaint, for insurance claim, has been dismissed.
3. Hitesh M. Selarka, Proprietor of M/s. Hitesh Jewellers (the appellant) filed Complaint Case No. 86 of 2011, on 29.3.2011, for directing The Oriental Insurance Co. Ltd. (respondent - 1) to reinstate the loss of gold of 3.480650 Kg or its value on the date of judgment under Insurance Policy No. 112101/48/2008/1237, (its value was assessed to Rs.42 lakh, for the purposes of pecuniary jurisdiction), interest at the rate of 18% per annum from the date of loss till its payment, Rs.2 lakh, for mental and physical harassment, R
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