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2025 Supreme(Online)(NCDRC) 3689

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. A.P. SAHI, PRESIDENT, MR. BHARATKUMAR RAND YA, MEMBER
M/s SPS Infratech Pvt. Ltd. – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
For the Petitioner: Mr. Pradeep Bhardwaj
For the Respondent No.1: Mr. K. K. Bhat
For the Respondent No.2: Ex-Parte

Table of Content
1. initial complaint and entry into the case. (Para 1 , 2 , 3)
2. arguments around privity of contract. (Para 5 , 6 , 8)
3. the absence of indemnification based on contract terms. (Para 10 , 11)

ORDER

1. Consumer complaint No.21/2010 was originally filed by M/s Maja Merchandise Private Ltd., a company incorporated under the Companies Act, 1956 situate in tehsil Palwal, district Faridabad, Haryana. This company was later on taken over by M/s SPS Infratech Private Ltd. who has stepped into the shoes of the original complainant and accordingly an amended memo of parties was filed that has been accepted. This revision petition was accordingly admitted vide order dated 1st July, 2016. Notices were issued to the respondent - Insurance Company and Mr. K.K. Bhat learned counsel has opposed this revision petition at the outset contending that the petitioner has neither any insurable interest nor the former entity M/s Maja Merchandise Private Ltd. had any insurable interest inasmuch as the claim in essence was regarding an insurance policy, that covered, the transportation of the goods, which had been acquired by the consigner namely M/s Om Industry. The goods were despatched and

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