Tribunals and Commissions(2008) 05 NCDRC CK 0001

CLASSIC MOTOR PVT LTD vs Tata Aig General Insurance Co Ltd

National Consumer Disputes Redressal Commission · Decided on 15 May 2008 · Citation: 2008 3 CPJ 309

HON’BLE JUDGES
J.D.Kapoor , Rumnita Mittal J.

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Judgment

4 paragraphs · 310 words
1.

THE complaint is being taken up at the admission stage.

2.

THE complainant insured his properties, namey, plant, machinery, tools etc. for insurance amount of 50,78,961 and building and structures including plinth and foundation for a total sum of Rs. 33,92,495. This policy covered risk of losses/damages from heavy rain/water logging/flood. During the validity of the policy the insured properties of the complainant suffered complete damages/loss on account of heavy rain causing flood/water logging in the mid night of 17th and 18th July, 2006. Complainant lodged claim with the OP. OP appointed Mr. Atul Kapoor as Surveyor. OP closed the claim of the complainant because of having failed to furnish the documents required by Surveyor in spite of as many as 15 reminders. Complainant case is that it had furnished all the documents to Surveyor and sent replies to all the reminders sent by the OP. As is apparent from the communication vide which the claim of the complainant was closed, we direct the OP to take the final decision as to the loss suffered by the complainant one way or the other on the basis of the documents furnished by the complainant as their insistence upon the complainant to furnish requisite documents in spite of 15 reminders sent to the complainant has borne no fruits. Closing of claim is not definite decision. OP is hereby directed to take final decision within two months from the date of the receipt of this order.

In case complainant is still aggrieved he may file fresh complaint, limitation of which shall commence from the date of communication of the decision of the OP-Insurance Company.

3.

COMPLAINT is disposed of in aforesaid terms. A copy of this order as per statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Complaint disposed of.