NEW INDIA ASSURANCE CO. LTD. V/S M/S. STAR INTERNATIONAL - Consumer Court Case

NCDRC

RP/3594/2009

M/S. STAR INTERNATIONAL - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

M/S. LAV KUMAR AGARWAL & ASSOCIATES

11 Jan 2010

ORDER

Date of Filing: 23 Sep 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3594/2009
(Against the Order dated 12/08/2009 in Appeal No. 188/2008 of the State Commission Uttar Pradesh)

1. M/S. STAR INTERNATIONALProprietor Shri Santosh Kumar Gupta R/o. E-109, Side -C, Updide Sikendra Agra						...........Appellant(s)
Vs.
1. NEW INDIA ASSURANCE CO. LTD.The New India Insurance Co. Ltd. 2/14, Civil Lines M.g. Road. Agra						...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER

For the Appellant :

Mr.Nikhil Jain, Advocate for M/S. LAV KUMAR AGARWAL & ASSOCIATES, Advocate

For the Respondent :

NEMO

Dated : 11 Jan 2010

ORDER

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State Commission has allowed the appeal by holding that the insured premises was different than the place where the fire episode took place and consequently the petitioner/complainant was not entitled to the relief claimed for.

We agree with the view taken by the State Commission. It is now well established that the insurance company is liable to compensate the loss, if any damage is caused at the insured premises and not other premises. Dismissed.

......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER