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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
P. K. Jain, J
Royal Sundaram Alliance Insurance Co. Ltd. v. S. K. Samanta and Co. Pvt. Ltd.
| Table of Content |
|---|
| 1. premise of insurance and transport details. (Para 1 , 2) |
| 2. claim dispute arises due to warranty issues. (Para 3 , 4) |
| 3. court evaluates jurisdiction and warranty context. (Para 5 , 11) |
| 4. insurance company's duty to inform was not met. (Para 6 , 8) |
| 5. final judgment reduces claim due to excess clause. (Para 10 , 15) |
1. This Revision Petition, under S.21(b) of the Consumer Protection Act, 1986 , has been filed by Royal Sundaram Alliance Insurance Co. Ltd., the sole Opposite Party in the Complaint (hereinafter referred to as the Insurance Company), against the Order dated 5.9.2013, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (hereinafter referred to as the State Commission) in SC Case No. FA / 220/12. By the Impugned Order, the State Commission has partly allowed the Appeal, preferred by the Insurance Company, and directed it to pay a sum of Rs. 5,15,052 instead of Rs. 6,22,557, by modifying the Order dated 23.2.2011, passed by the District Consumer Disputes Redressal Commission, North 24 Parganas at Barasat (hereinafter referred to as the District Commission) in CC Case No. 43/2011. By the said Order, the District Commission had
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