Insurers are not liable to refund premiums if the insured fails to comply with policy conditions regarding the declaration of transit consignments.

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act , 1986 has been directed against judgment and order dated 04.09.2014 passed by the learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as the District Commission) in consumer complaint No. 102 of 2011 styled as M/s KSS Trade Servers (P) Ltd. Vs. New India Assurance Co. Ltd. & Anr., wherein and whereby the complaint was dismissed.

2. The facts giving rise to the present appeal, in brief, are as such that complainant is a registered private limited company and the complainant felt the need for transit insurance of the articles at various locations and in order to meet the requirements, the complainant discussed this matter and the problems being faced by the complainant with Sh. Sunil Gandhi, field officer of opposite party No. 2. During the discussion with the said Sh. Sunil Gandhi, the complainant proposed that they wish to take a transit insurance policy of the dispatches which are usually made after sunset and had to reach the destination in the late night hours in the hilly areas. The dispatches are usually arranged through road transport carrier to different destinations. It was also discussed that the complainant though have more sales, but they do not wish to cover up all the dispatches made by the complainant and wish to restrict to the dispatches only to specific and risky hilly Garhwal region. Thereafter, the above Sh. Sunil Gandhi after a long discussions and deliberations of 4/5 times, assured the complainant on covering up the risk as desired and discussed by the complainant. It was further suggested to Sh. Sunil Gandhi that he should discuss all the matters with the Insurance Company and other officials of the Insurance Company and assured of delivery of such policy, which can cover the risks and the areas / territory of business allotted to the complainant and mentioned by the complainant with him during three/four deliberations and meetings. Thereafter, the above agent Sh. Sunil Gandhi of opposite party Nos. 1 & 2 agreed to provide the complainant with the kind of policy required by the complainant and took a consideration of Rs. 1,98,540/- for the same. The complainant paid the entire premium amount through cheque dated 01.10.2009, drawn upon State Bank of India, Commercial Branch, Rajpur Road Branch, Dehradun and the policy bearing No. 321702/21/09/02/00000017 was received by the complainant after a week for the sum insured of Rs. 20 Crores and limit per transit of Rs. 10,00,000/- for the period starting from 30.09.2009 to 29.09.2010. The complainant was surprised and shocked to see that the same has been wrongly issued and the same does not suits the requirements of the complainant and the same was brought to the knowledge of the field officer of opposite party No. 2. The field officer of the Insurance Company assured the complainant that the mistake will be rectified and the policy according to the requirements of the complainant will be issued to the complainant. The field officer was also assured that the same will be done after Diwali, but no action has been taken in furtherance of the grievance of the complainant, even after Diwali, the complainant again contacted the field officer of the opposite party No. 1 & 2. The opposite party No. 2, who further assured the complainant not to worry and the grievance of the appellant will be resolved soon. The opposite party No. 2 told the complainant that until and unless the declaration is issued by the complainant to the opposite parties, the