Case nº Revision Petition No. 1911 Of 2009, (Against the Order dated 08/12/2008 in Appeal No. 18/2008 of the State Commission Tripura) of National Consumer Disputes Redressal Commission, November 30, 2016 (case National Insurance Company Ltd. Vs Amresh Saha)

JudgeFor Appellant: Mr. Kishore Rawat, Adv. and For Respondents: Mr. Bijan Ghosh, Adv.
PresidentDr. B.C. Gupta,Presiding Member
Resolution DateNovember 30, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission


Dr. B.C. Gupta, Member

  1. This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 8.12.2008, passed by the Tripura State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in FA No. 18/2008, "Amresh Saha vs. Divisional Manager, National Insurance Company & Ors.", vide which, while allowing the appeal, the order dated 28.01.2008, passed by the District Forum, Agartala in Consumer Complaint No. CPA-28/2003 filed by the present respondent Amresh Saha, dismissing the said complaint, was set aside.

  2. Briefly stated, the facts of the case are that the complainant/respondent Amresh Saha is a wholesale dealer of tea leaves and milk products and his shop premises were situated at Maharajganj Bazar of Agartala and he was doing his business for the last 10 years under the name and style of M/s Raj Laxmi Tea House. The complainant obtained a shop-keepers'' insurance policy bearing No. 98/9804229 from the opposite party (OP)/petitioner National Insurance Company Limited for his shop at Gurpatti, M. G. Bazar, Agartala. The sum insured under the said policy was ₹3.75 lakh, which included ₹3.5 lakh for the stocks in trade, and the said policy was valid from 19.09.98 to 18.09.99. The Policy is in the name of Amresh Saha himself and the address given in the policy is Gurpatti, M.G. Bazar, Agartala, Tripura. The complainant obtained another policy having No. 1999/9805086 for the period from 08.06.99 to 07.06.2000 for a sum assured of ₹ 8 lakh, which included ₹7.5 lakh for stock in trade. The second policy is in the name of M/s. Raj Laxmi Tea House and the address in the said policy has been given as ''Proprietor Amresh Saha, Gurpatti Agartala Tripura''. It is stated that on the intervening night of 17.07.99 and 18.07.99, the fire incident occurred at about 1:00 AM in the said Maharajganj Bazar, especially in Gurpatti area and as a result, the shop of the petitioner was gutted down in the fire, causing huge damage and loss to him. The matter was reported to the Police Station at M.G. Bazar, TDP GDE 370 dated 18.07.99. The complainant filed claim with the insurance company, but the same was repudiated by them, saying that the shop located at Stall No. 2 was affected by fire, but there was no damage to the shop located in Gurpatti area. The case of the complainant is that the second insurance policy had been taken for the stocks in the...

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