First Appeal No. A/10/255. Case: New India Assurance Company Limited Vs Anjali Sales Corporation and Anr.. Maharashtra State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. A/10/255 |
| Counsel | For Appellant: Mr. A.S. Vidyarthi, Advocate and For Respondents: Authorised Representative |
| Judges | Usha S. Thakare, Presiding Member, Dhanraj Khamatkar and Narendra Kawde, Members |
| Issue | Consumer Protection Act, 1986 - Section 15; Indian Penal Code (IPC) - Sections 34, 379 |
| Citation | I (2014) CPJ 259 (Maha.) |
| Judgement Date | September 30, 2013 |
| Court | Maharashtra State Consumer Disputes Redressal Commission |
Order:
Usha S. Thakare, Presiding Member
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Being aggrieved and dissatisfied by the judgment and order dated 24.7.2009 passed in consumer complaint No. 498/2006 by learned District Forum, South Mumbai, original opponent/appellant has preferred the present appeal under Section 15 of Consumer Protection Act, 1986. Facts giving rise to the present appeal in short are as under:
The complainant/respondent is a proprietary firm dealing in business of rubber and chemical trading. The complainant earned his livelihood from said firm. The complainant carries on his business at 516/17, 18, Reena Complex, Ramdev Nagar Road, Vidyavihar (West), Mumbai and having its registered office at 110 Sharada Chambers No. 2, Keshavji Naik Road, Bhat Bazar, Mumbai. Opponent is a divisional office of Insurance Company, carrying on business of general insurance and in the process underwrites the risk under various disciplines of insurance such as fire, marine, engineering, motor and other miscellaneous business. The opponent/appellant had issued Office Protection Shield Policy bearing No. 112500/48/04/01583 for period 17.2.2005 to 16.2.2006. The complainant has deposited amount of Rs. 4,027 with opponent towards premium.
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Various risks were covered under the said policy. Son of the complainant, namely, Mr. Neerav Mange, aged about 19 years used to assist his father in managing business after attending his college and even otherwise in case of urgency/emergency during free time and also on holidays and vacation. According to the complainant on 5.3.2005 his son-Neerav after attending his tuition classes reached to the office of the complainant which is at Reena Complex, Vidyavihar. The complainant had kept aside an amount of Rs. 1 lakh for payment of wages of the workers and other dues in the business. He had also withdrawn cash of Rs. 2 lakh to meet business commitments. The complainant had called the General Meeting of the Members of the Reena Complex at 6.00 p.m. Therefore, he was busy. He directed his son-Neerav to carry cash of Rs. 3 lakh lying in the office to the residence in safe custody. On getting direction from the complainant, his son-Neerav left for home from office about 7.25 p.m. On 5.3.2005 4 at 7.25 p.m. Neerav Mange carried cash in Rickshaw in Rexene handbag. He took Auto-Rickshaw near Vidyavihar Police Chowky. He was holding bag containing cash on his lap during the travel. When vehicle reached near Kirol Village road, a gang of 3/4 persons rounded him and snatched his bag by diverting Neerav's attention. Snatcher started running with bag towards Premier Company road. Despite chasing the robbers they escaped with bag containing cash. Report was filed in Ghatkopar Police Station. F.I.R. was registered with No. 92/2005. Offence was registered under Section 379 read with Section 34 of...
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