Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member: (1) This appeal takes an exception to an order dated 07.10.2003 passed in Consumer Complaint No.95/1998 , Silverwing Roadways (South) V/s The New India Assurance Co. Ltd., by the District Consumer Disputes Redressal Forum, South Mumbai (‘the Forum” in short). (2) In the instant case, deficiency in service is alleged against the Appellant Insurance Company for not sanctioning the insurance claim which was repudiated on the ground that the cash which was stolen from the drawer of the table inside the office during the night will not fall within the description of a safe or strong room and as such is not covered as per the terms and conditions of the insurance policy. The Forum upheld the contention of the Complainant and awarded the compensation. Feeling aggrieved thereby the Insurance Company preferred this appeal. (3) In the instant case the factual scenario is not in dispute. It is not disputed that the cash was stolen from the drawer of the office table during the night i.e. beyond the office hours. Therefore, Section II of the policy document is relevant and it reads as under: “SECTION –II: Cash (other than described in Section I A) above whilst on the premises during business hours or whilst secured in locked safe or locked strongroom on the Insured’s premises out of business hours against the risk of burglary, housebreaking and hold-up.” (4) As per the said document cash beyond the office hours if locked in safe or strong room then only it would be covered. In the instant case, since cash is not kept in either of these two places i.e. locked safe or locked strong room, repudiation of the insurance claim by the Insurance Company cannot be faulted with. If this is so, then there cannot be any deficiency in service on part of the insurance Company. The Forum cannot go beyond the agreed terms. When there is no ambiguity about the terms, they are to be interpreted accordingly. In the circumstances, the impugned order cannot be supported. We hold accordingly and pass the following order: O R D E R (i) Appeal is allowed. (ii) The order passed by the District Forum in Consumer Complaint No.95/1998 is hereby quashed and set aside. (iii) In the result, the Consumer Complaint No.95/1998 stands dismissed. (iv) In the given circumstances, parties to bear their own costs. Pronounced on 23rd February, 2012.
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