Tribunals and Commissions(1994) 05 NCDRC CK 0028

SRI GAYATRI MODERN RAW AND BOILED RICE MILL PVT. LTD. vs DIVL: MANAGER, NEW INDIA ASSURANCE CO. LTD.

National Consumer Disputes Redressal Commission · Decided on 11 May 1994 · Citation: 1994 0 NCDRC 106 : 1994 2 CPJ 89 : 1995 2 CLT 396 : 1995 2 CPC 116

HON’BLE JUDGES
V.BALAKRISHNA ERADI , Y.KRISHAN , B.S.YADAV J.

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Judgment

2 paragraphs · 246 words
1.

HEARD Counsel on both sides. The claim of the insured has been repudiated by the Insurance Company as per its letter dated the 4th November, 1992 where elaborate reasons have been set out in support of the said repudiation. We have gone through the said letter and we do not find it possible to hold that the reasons set out therein are irrelevant or extraneous. On the other hand, the letter discloses that the Insurance Company has applied its mind to relevant factors and came to the conclusion that the claim had to be repudiated for the reasons stated therein.

2.

THERE is nothing to show that the said action was taken by the Insurer otherwise than in good faith. In the circumstances it cannot be said that there was a deficiency in service on the part of the Insurance Company so as to entitle the Complainant to claim relief under the Consumer Protection Act, 1986. The Complainant will have to pursue his remedy only before the ordinary Civil Court. We make it clear that we are not expressing any opinion whatever on the question as to whether the reasons stated by the Insurance Company in the letter of repudiation are valid and tenable. It will be open to the Complainant to contest the correctness and sustainability of those reasons stated in the letter of repudiation before the appropriate Court while seeking relief. Subject to the above observations this Original Petition is dismissed. No costs.