Goyal Energy & Steel Private Limited vs Chairman cum Managing Director The Oriental Insurance Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. Subhash Chandra, Presiding Member, AVM J. Rajendra, Member
Goyal Energy & Steel Private Limited – Appellant
Versus
Chairman cum Managing Director The Oriental Insurance Company Limited – Respondent

Advocates:
For the Appellant: Mr. Anand Shankar Jha, Mr. Abhilekh Tiwari
For Respondents: Mr. Pradeep Gaur

Table of Content
1. appellant's claim based on a spontaneous combustion event under insurance. (Para 1 , 4)
2. arguments on misrepresentation concerning discharge vouchers and subsequent claim disputes. (Para 5 , 8 , 9 , 10)
3. court’s analysis confirms misinterpretation of underinsurance in the claims process. (Para 13 , 19)
4. final decision orders payment based on correct assessment of the claim. (Para 20)
5. court's decision settles outstanding balance with interest. (Para 21 , 22)

JUDGMENT

Air Vice Marshal J Rajendra AVSM VSM (Retd)

1. The Appellant filed the instant First Appeal against the Order dated 29.06.2015 of the State Consumer Disputes Redressal Commission, Chhattisgarh (“State Commission”) in Consumer Complaint No. 14/15, wherein the State Commission dismissed the Complaint.

2. As per Registry report, there is 13 days delay in filing this Appeal. For reasons stated in IA No.5538/2015 the delay is condoned.

3. For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

4. Brief facts of the case, as per the complainant, are that the OPs issued a Standard Fire and Special Perils Insurance Policy No. 191300/11/2014/221 i

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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONMr. Subhash Chandra, Presiding Member, AVM J. Rajendra, MemberGoyal Energy & Steel Private Limited – AppellantVersusChairman cum Managing Director The Oriental Insurance Company Limited – Respondent

Cases Referred (1)

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. Subhash Chandra, Presiding Member, AVM J. Rajendra, Member
Goyal Energy & Steel Private Limited – Appellant
Versus
Chairman cum Managing Director The Oriental Insurance Company Limited – Respondent