NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
V.K. JAIN, PRESIDING MEMBER
MOHAK CARPETS PVT. LTD. – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LTD. – Respondent
| Table of Content |
|---|
| 1. insurance claim misrepresentation leads to repudiation. (Para 1 , 2 , 3) |
| 2. consumer complaints must adhere to limitation period. (Para 4 , 5 , 6) |
The complainant company is engaged in the business of the manufacturing of carpets. The company obtained a Standard Fire & Special Perils Policy from the opposite party, for the period from 08.10.2014 to 07.10.2015, for a sum assured of Rs.23,75,00,000/-. A fire broke out in the factory of the complainant on 20.2.2015 and the complainants claims to have suffered huge losses, on account of the said fire. A claim of Rs.13,62,74,059/- was submitted by the complainant to the insurer. A surveyor was appointed by the insurer, who assessed the loss at Rs.3,13,76,526/- . The surveyor also reported that the insured had violated condition No.1 and 8 of the insurance policy.
2. The insurer vide its letter dated 20.4.2017 repudiated the claim. The aforesaid letter, to the extent it is relevant, reads as under:
“The surveyor has examined the auditor report in respect of the relevant period. It was noticed by the surveyor that in the auditor reports it has been specifically mentioned that insure
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