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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE V.K. JAIN, PRESIDING MEMBER
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
MOHD. NAZIR & ORS. – Respondent
| Table of Content |
|---|
| 1. factual background including insurance policy details. (Para 1 , 3) |
| 2. insurer's arguments regarding unreliability of evidence. (Para 2 , 5) |
| 3. discussion on the necessity of considering all evidence. (Para 4 , 8) |
| 4. dispute over evidence presented in state commission (Para 6) |
| 5. final findings and directive for fresh consideration of the case. (Para 9) |
The complainant/ respondent No.1 had taken a standard fire and special peril policy from the appellant in order to take an insurance cover on the stock which he had hypothecated with the respondent Punjab National Bank. The policy was valid from 17.03.2004 to 16.03.2005. On 27.04.2004 a fire broken out in the premises of the complainant. An intimation of the fire was given to the banker as well to the concerned police station on the next day. The insurer was informed of the fire on 05.05.2004. A surveyor was appointed by the insurer to assess the loss to the complainant. The surveyor assessed the loss at Rs.2,46,493/-. The said amount was offered by the insurer to the complainant but was declined by him. The complainant thereafter approached the concerned State Commission by way of a consumer com
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