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Tribunals and Commissions(1994) 12 NCDRC CK 0044

ZENITH COMPUTERS LTD. vs NEW INDIA ASSURANCE CO. LTD.

National Consumer Disputes Redressal Commission · Decided on 1 December 1994 · Citation: 1995 1 CPC 340 : 1995 2 CLT 120

HON’BLE JUDGES
V.Balakrishna Eradi , Y.Krishan , B.S.Yadav J.
RESULT
Dismissed

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Judgment

3 paragraphs · 345 words
1.

-IT is not necessary to go into the facts of the case in details as we are of the opinion that there is no defiiency or negligence in the rendering of service by the Opposite Party The New India Assurance Co. Ltd. Suffice it to mention here that the present Complainant No. 1 M/s. Zenith Comuters Ltd., is having its factory in Bombay. They had obtained a policy of insurance from the Opposite Party for the period from 2nd April, 1991 to 1st April, 1992 in respect of its stock of computer cabinets, CPU boxes, Switch mode power supplies etc. Since the contents were hypothecated to its bankers-Indian Bank (Complainant No. 2) the policy of insurance was issued in the name of the said Bank in the account of Complainant No. 1. Unfortunately, there was a fire in the factory premises on 18th December, 1991. The loss has been estimated at Rs. 1,46,04,880/-. The Complainant No. 1 lodged a claim with the Opposite Party.

2.

THE Opposite Party vide letter dated 14.9.1993 repudiated the claim. We have heard the parties and gone through the letter of repudiation. The letter of repudiation is a detailed one running into 7 Pages. After going through the letter of repudiation issued by the Opposite Party, we are clearly of the opinion that the said Opposite Party has duly applied its mind while repuditing its liability to indemnify the loss of the Complainants. The repudiation cannot be said to have been made otherwise than in good faith.

It has been repeatedly held by this Commission that when an Insurance Company after duly considering a claim and applying its mind to all relevant aspects in good faith rejects the claim, then it cannot be held guilty of deficiency or negligence in the rendering of service. Consequently, we dismiss the present Complaint Petition. The Complainants may pursue their remedy in a Civil Court, if so advised. This order will not affect their rights for seeking remedy in an appropriate Forum. We leave the parties to bear their own costs. Complaint dismissed.