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NATIONAL INSURANCE COMPANY LTD. vs. M/S. HARESHWAR ENTERPRISES (P) LTD. & ORS.

SCR Citation: [2021] 8 S.C.R. 895
Year/Volume: 2021/ Volume 8
Date of Judgment: 18 August 2021
Petitioner: NATIONAL INSURANCE COMPANY LTD.
Disposal Nature: Appeal Partly Allowed
Neutral Citation: 2021 INSC 412
Judgment Delivered by: Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Respondent: M/S. HARESHWAR ENTERPRISES (P) LTD. & ORS.
Case Type: CIVIL APPEAL /7033/2009
Order/Judgment: Judgment
1. Headnote

Consumer Protection Act, 1986 – Insurance claim – Respondent No.1-insured was engaged in the business of manufacture of polyethylene, plastic films etc. – Plant and machinery in respondent no.1’s factory was charged in favor of respondent no.2 as security and stock in trade was hypothecated to respondent no.3 for discharge of loan obtained from them – The factory, plant and machinery were covered under the insurance policies of appellant-insurer against risk of fire, flood and earthquake – Fire broke out causing total destruction – Appellant was intimated – Joint Surveyors appointed by appellant assessed the loss – Final report submitted – Despite said report, the appellant appointed investigators – Eventually, complaint filed by respondent no.1 – NCDRC allowed claim in part, further apportioning the amount in favour of respondent nos.2 and 3 – On appeal, held: Fire occurred on 06.11.99 – Surveyors visited the site on 09.11.99 itself – Interim and final report were submitted to the insurer on 23.03.2000 and 13.03.01 but, it did not take any steps immediately – After much delay, it appointed the investigator on 22.06.01 but did not conclude the said process despite repeated requests by respondent no.1 – Further, for the first time the insurer relied on the investigator’s report in the NCDRC proceedings – Surveyors report was submitted as the natural process – Conclusion reached therein is more reliable rather than the investigation report keeping in view the manner in which the insurer proceeded in the matter – Hence, reliance placed on the surveyor’s report by NCDRC without giving credence to the investigation report cannot be faulted – Such conclusion does not call for interference – However, amount ordered by NCDRC shall be payable with interest at 9% p.a. instead of 12% p.a. Consumer Protection Act, 1986 – s.24A – Cause of action – Held: s.24A indicates that the complaint is required to be filed withintwo years from the date on which the cause of action arises – Cause of action will remain flexible and is to be gathered from the facts of each case – In the present case, though the cause of action arose for the first time when the fire broke out but it did not remain static at that point – As the matter kept oscillating, fresh cause of action arose – On facts, complaint filed was within time – Consideration of the same on merits by NCDRC justified. Consumer Protection Act, 1986 – Insurance Claim – Surveyors report, reliance on – Held: Surveyors report is the basic document which has statutory recognition – It can be relied upon if it inspires confidence of adjudicating forum and if on facts, the forum does not find the need to place reliance on any other material.

2. Case referred
3. Act
  • Consumer Protection Act, 1986 (68 of 1986)
4. Keyword
  • Consumer Protection Act
  • 1986
5. Equivalent citation
    Citation(s) 2021 (8) JT 198 = 2021 (8) Suppl. JT 198 = 2021 (9) SCALE 619