NCDRC

NCDRC

FA/1103/2019

M/S. DESWAL AUTO FIRM - Complainant(s)

Versus

PUNJAB NATIONAL BANK & ANR. - Opp.Party(s)

M/S. JKA & ASSOCIATES

23 Aug 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1103 OF 2019
(Against the Order dated 13/05/2019 in Complaint No. 376/2016 of the State Commission Haryana)
1. M/S. DESWAL AUTO FIRM
THROUGH ITS SOLE PROPRIETOR SH. VIJAY KUMAR, S/O. SH. KAPOOR SINGH, R/O. VILLAGE LADHOT BHAIYAPUR,
ROHTAK
HARAYANA - 124001
...........Appellant(s)
Versus 
1. PUNJAB NATIONAL BANK & ANR.
THROUGH ITS MANAGER,LOHARU ROAD, BHIWANI
HARYANA - 127021
2. M/S. NEW INDIA ASSURANCE FIRM LTD.
BRANCH OFFICE AT: 3528, RAILWAY ROAD, OPPOSITE CIVIL HOSPITAL,
BHIWANI
HARAYANA - 127021
3. -
-
-
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT

FOR THE APPELLANT :
NONE
FOR THE RESPONDENT :
NOTICE NOT ISSUED TO THE RESPONDENTS

Dated : 23 August 2023
ORDER

 

This Appeal has been preferred by an Auto Firm, the Appellant herein, dealing in the sale and purchase of the tractors.  The premises of the Appellant came to be insured with the New India Assurance Firm Ltd and unfortunately in an incident on 21.02.2016 the Appellant suffered a heavy loss of Rs.41,33,000/- as a mob attacked the Appellant and also set it on fire.  The claim was repudiated by the Insurance Company on the ground that the Appellant had changed the location and address of the premises whereas the premises which had been insured was differently located.  Secondly, this change of address and location of the premises having not been intimated, the Appellant was not entitled to claim any indemnification.

The Standard Fire and Special Perils Policy was taken shelter of and a Complaint was filed by the Appellant herein before the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) on the ground that the said policy did cover the entire risk as was being claimed and there was no negligence on the part of the Appellant.  Rather, the Insurance Company had taken an erroneous plea to repudiate the claim.

The State Commission vide Order dated 13.05.2019 recorded a finding in favour of the Insurance Company and further opined that the Appellant has already been indemnified by the State Government to the tune of Rs.14,90,000/-.  It was also observed that the said damage was caused during the Jaat reservation agitation in Haryana and, therefore, the State Government itself had taken up the responsibility to indemnify the loss.

It is assailing the said Order that the Appellant has come up in this First Appeal with a 15 days reported delay.

Notices were issued on the delay condonation application as well as the present Appeal but unfortunately even after the passing of the Covid period, no steps were taken by the Appellant or its Counsel on record to provide the Respondents’ set for issuance of notices which status continues till today.  The matter was listed on several occasions and was adjourned in the interest of justice while the Appellant or its Counsel have failed to appear.

In the above background, it appears that the Appellant is no longer interested in pursuing the matter.

Dismissed in default. 

 
.........................J
A. P. SAHI
PRESIDENT

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