The apex consumer commission has denied insurance claim to a private firm for loss of its goods in a fire, noting that it filed the complaint two years after the insurance company rejected its claim.
National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhary, dismissed the plea of Mumbai-based Solar Chemforts Pvt Ltd for insurance claim and also rejected its appeal filed against Maharashtra State Consumer Commission.
The state commission had earlier rejected the complaint of the firm against National Insurance Company Ltd, which had insured the firm's goods. It had also dismissed the plea for condonation of delay by the complainant.
The NCDRC bench said, "...It becomes clear that respondent (insurance company) closed claim of appellant (firm) as no claim and he should have filed complaint within two years from the date of receipt of letter dated September 8, 2009 (by which firm was intimated regarding closing of the case)."
"As complaint was not filed within a period of two years from September 8, 2009 and complainant has not given any reason for condonation of delay in application... The State Commission rightly dismissed the application and complaint and appeal is liable to be dismissed," it said.
The firm submitted before the NCDRC that its goods were insured by the insurance company by fire and peril policy.
Later, in April 2008, fire broke down in a godown and the firm suffered damages and it intimated the insurance company about fire. The company, however, rejected the claim and closed the case.
Aggrieved by this, the firm filed a complaint before the state commission, alleging deficiency on the part of insurance company. Along with this, the firm also filed an application for condonation of delay.
The state commission, however, dismissed the application for condonation of delay against which the firm filed an appeal before the NCDRC.
