Centex Fabrics-Export Unit v. National Insurance Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Del) 18208

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
N/A, N/A
Centex Fabrics-Export Unit v. National Insurance Company Limited

Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

Table of Content
1. insurance claim concerning delay and deficiency in service. (Para 1 , 2)
2. arguments against coercion in claim acceptance. (Para 3 , 5 , 6)
3. court observations on the coercive conduct of the insurance company. (Para 4 , 7 , 8 , 9 , 10)
4. court holds that the settlement is void due to coercion. (Para 11)
5. final ruling directs payment of the owed sum with interest. (Para 12)

1. This complaint under S.21 of the Consumer Protection Act, 1986 (in short, 'the Act') is filed against the opposite parties for against disallowance of the amount claimed under the Fire and Special Perils Policy obtained by it alleging deficiency in service by the opposite party.

2. The facts of the case as per the complainant in brief are that complainant No. 2 is engaged in the business of manufacture and export of shawls, scarfs, mufflers, stoles, upholstery etc. The complainant's factory was covered by a Standard Fire and Special Policy (Floater Policy) dated 1.4.2011 for the period 1.4.2011 to 31.3.2012 for a sum of Rs.13,50,00,000. On account of torrential rain on the night of 12/13.8.2011 the factory was inundated by rain and flood water. On being informed the opposite parties appoin