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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A. P. Sahi, President, Bharatkumar Pandya, Member
PUNJAB NATIONAL BANK B. O. Najafgarh Road New Delhi – Appellant
Versus
SHRI SOMVIR SINGH, PROPRIETOR M/s Bhoop Singh and Sons – Respondent
| Table of Content |
|---|
| 1. understanding the background of the complaint filed. (Para 1 , 2) |
| 2. detailed arguments and counter-arguments presented. (Para 3 , 11 , 15 , 18) |
| 3. discussing the obligation of the bank and the borrower. (Para 8 , 10) |
| 4. final reasoning and determination of liability. (Para 21) |
| 5. conclusion and judgment outcome. (Para 22) |
ORDER
A. P. SAHL J (PRESIDENT)
1. The dispute arises out of a Complaint filed by the Respondent No.-l in respect of a claim of indemnity against a fire insurance coverage, the policy whereof was acquired from Respondent No.-2 Oriental Insurance Company. The loss had occurred on account of a fire that broke out on 30.01.2001 in the premises of the Complainant that was intimated to the Insurance Company who appointed M/s S. Soni & Co. as their Surveyor. When the Surveyor visited the business premises on 30.01.2001. On enquiry of the policy particulars a discovery was made that the policy had already lapsed on 25.11.2000. This fact is not disputed. The Complainant also lodged an FIR where he has admitted this fact of the policy not being in existence.
2. Consumer Complaint No. 338 of 2002 filed by the Complainant was allowed on 17.10.2012 holding the Bank
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