IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 07.06.2023 Date of hearing: 12.11.2025 Date of Decision: 27.01.2026 FIRST APPEAL NO.- 263/2023 IN THE MATTER OF NATIONAL INSURANCE COMPANY LTD., NATIONAL LEGAL VERTICAL, 2E/9, JHANDEWALAN, NEW DELHI. (Through: Mr. S.K. Pandey, Advocate)

…Appellant VERSUS M/S DIESEL POWER INTERNATIONAL, 107-108, ROOTS TOWER, PLOT NO.7, DISTRITC CENTRE, LAMXI NAGAR, DELHI -110092.

THROUGH ITS PROP. MS. ANITA SHARMA .

(Through: Md. Qamar Ali & Ms. Priyanka, Advocates)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. S.K. Pandey and Mr. Shanker Dev, counsel for the appellant.

(Enrl. No. D/1375/2024, Ph. No. 8130592420, e-mail id -

advshankar0712@gmail.com).

Ms. Priyanka, counsel for the respondent. (Enrl. No.

D/7565/2023, Ph. No. 7091365256, e-mail id -

priyankashah136@gmail.com).

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1.2: The complainant is a Manufacturer and supplier of Diesel Generator sets and accessories, which are manufactured at the above factory/ premises of the complainant. The complainant had obtained an insurance policy no. 350201/46/12/7500000136 which was valid from 06.06.2012 to 05.06.2013 for her business purposes, covering, inter alia, the riks of Burglary and House Breaking', at the premises/ factory etc. The said policy was issued by office of OP1 (copy of the insurance policy is annexed with the complaint as Annexure-A).

1.3: It is the case of the complainant that during the subsistence of the aforesaid policy, the complainant had suffered a loss on 13.12.2012 at around 01:30 AM, whereby, the factory of the complainant located at Khush Khera Industrial Area, P.O. Tapukra, Alwar, Rajasthan was burglared by about 18-20 culprits, who were all armed with fire-arms, knife, other weapons, when the factory was closed at night. It is further pleaded in the body of the complaint that culprits had entered into the factot and stolen that „tools‟, „machine parts‟, „equipments‟ like drilling machine, welding machine, 18 batteries, cables, gas cylinders and other materials from the store of the factory of the complainant. The culprits had also disconnected the CCTV camera and taken away the DVR and the hard disk of the computers from the office/factory of the complainant.

1.4: The happening of the incident came to the knowledge of the complainant, at around 05:25 AM when the security guards could somehow untied themselves and. rushed to the nearby factory and from there they called the police station, the security agency had also informed the complainant on telephone. The matter was duly reported to the police and the office of the OPs as well by the complainant without any delay and a claim bearing no. 350201/46/12/7590000073 had also been lodged with the OPs in this regard for a total sum of Rs. 14,84,504/-. Complainant has also placed on record the detailed list of 44 stolen items having description of items, its quantity, rate, amount and the bill reference showing total loss (claim amount) to Rs. 14,84,504/-.

1.5: On reporting the matter to the police an FIR no. 604 dated 13.12.2012 under Section 323/342/457/380 IPC was registered at P.S. Tapukra, Alwar in this regard. (copy of FIR is Annexure-B with the complaint).

1.6: It is also the case of the complainant that the value of goods stolen from the factory prevalent at the relevant time was more than 20 lakhs but not all the damages were covered by the insurance policy and thus a claim for only Rs. 14,84,504/- had been lodged by the complainant with the OPs, which was covered under the insurance policy.

1.7: The incident was investigated by the police and two persons namely Lakhbinder and Balbinder had been arrested by the police officials, but nothing substantial could be recovered from them except one set of keys seized by police (copy of seizure memo is