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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath (Presiding Member), Ram Surat Ram Maurya (Member)
M/s. Ashwin Auto Services – Appellant
Versus
Insurance Company – Respondent
| Table of Content |
|---|
| 1. incident of fire resulting in business loss. (Para 2 , 3) |
| 2. opposite parties' defense citing commercial nature of the insurance contract. (Para 4 , 5) |
| 3. maintainability of complaint despite arbitration and commercial contract arguments. (Para 10 , 11 , 12) |
| 4. assessment of losses determined by the surveyor and issues related to substantiation. (Para 13 , 14) |
| 5. dismissal of complaint based on lack of evidence and signed release. (Para 15 , 16) |
1. The present Complaint is filed under S.21(a)(1) of the Consumer Protection Act, 1986 .
2. The Complainant is running a business of sales and service of two wheelers motor vehicles along with sale of spares, accessories and allied articles at Nandurbar District under the name and style ˜M/s. Ashwin Auto Services' since 1996. Opposite Party No. 1 is Insurance Company and Opposite Party No. 2 is the Surveyor. On14.7.2015, the Complainant purchased Motor Dealer Package Insurance Policy, from Opposite Party No. 1, vide Policy No. OG - 16-2003-4095-00000005, for a sum of Rs. 4.44 crores, valid from 14.7.2016 to 13.7.2016.
3. The case of the Complainant is that on 15.3.2016 at around 2.30 a.m., fire broke out in the premises of th
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