STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
First Appeal No. | : | 84 of 2014 |
Date of Institution | : | 05.03.2014 |
Date of Decision | : | 24/04/2014 |
Sh.Pawan Kumar Goel s/o Sh.K.L.Goel, Director of M/s Worldwide Herblife Pvt. Ltd., having Office at Plot No.B-09, Industrial Focal Point, Derabassi (Pb.).
……Appellant/complainant
V e r s u s
Oriental Insurance Company Limited, through its Manager, Regional Office at SCO 109-110-111, Surendra Building, Sector 17-D, Chandigarh.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:
PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT
2. It was stated that the limit of the said Policy was got extended upto 3 crores, for the period from 31.08.2012 to 04.10.2012, vide Annexure C-2, on payment of premium to the Opposite Party, to the tune of 1366/-. It was further stated that the complainant had declared the goods, under open cover and value thereof was to the tune of Rs.24,31,680/-. It was further stated that, unfortunately, while unloading bags, the complainant observed that the total consignments were damaged, with rain water, and lot of fungal growth had taken place. Accordingly, the complainant intimated the Opposite Party, which appointed a Surveyor. The Surveyor duly inspected the goods, and assessed
3. from
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11. whether, at the time, the loss was reported, the limit under the cover had already exhausted; whether, at the time of issuance of cover of the value of goods of Rs.24,31,680/-, the Opposite Party verified the factum that limit under the Policy had already exhausted or not, and then issued the same; and whether, the claim of the complainant was illegally and arbitrarily repudiated by the Opposite Party. It is the settled principle of law, that every lis should normally be decided, on merits, after affording due opportunity to the parties, to lead their evidence, than by resorting to hyper-technicalities.
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14. 30.04.2014 at 10.30 A.M., for further proceedings.
15. The District Forum record, alongwith a certified copy of the order, be sent back to it, immediately, so as to reach there, well before the date and time fixed i.e.
16.
17.
Pronounced.
24/04/2014
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
Rg
