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Judgment
AFTER hearing Shri J.P.N. Shahi, Advocate, learned counsel for the petitioner-New India Assurance Company Ltd. and taking note of the fact that both the fora below have recorded concurrent finding in this case and further that the power of review under Section 21(b) of the Consumer Protection Act, 1986 being limited; the revision petition had been reserved for orders.
ON a careful perusal of the facts, it is noticed that the respondent no.1/complainant was unaware of the existence of the Standard Fire and Special Perils Policy taken in his name and on his behalf by respondent no.2/State Bank of India, from whom he had obtained the loan. Clause 6(1) of the terms of the policy envisages that information ought to have been given to the Insurance Company immediately on the happening of the loss or damage but in any case within 15 days thereof, whereas in this case there has been a delay of more than three months albeit for the omission on part of respondent no.2/State bank of India. This issue requires adjudication. Issue notice to the respondents returnable on 19.11.2012.
