Per Mr.S.R.Khanzode, Presiding Judicial Member Heard Mr.Santosh Patil Advocate for the appellant This appeal is directed as against the order dated 07/02/2011 passed in consumer complaint no.75/2008 M/s.Mahalaxmi Udyog through its partner Mr.Chandrashekhar S. Bapat v/s. New India Insurance Co. and another passed by District Consumer Disputes Redressal Forum, Kolhapur.
Admittedly, there were three insurance policies. There was a fire in the factory of appellant/original complainant situated at C-50, MIDC Shiroli, Taluka Hatkanangale. The claim under one of the policies was already settled and paid to the appellant company. However, in respect of two other policies, the claim was rejected on the ground that the fire which took place, supra, had not taken place at the place, 586-1 MIDC Shiroli, Taluka Hatkanangale i.e. the property which was insured under those policies.
It is further brought to the notice that the complainant had two organizations Mahalaxmi Udyog and Astorm Enterprises. This fact as observed by the forum was concealed while presenting the complaint. When we asked Ld.counsel appearing for the appellant as to how the document of insurance for the correctness of which there was no complaint made, could be read as to include the place of the fire?; there was no answer. This is a lame excuse. Once the policy document is issued and if there is any discrepancy, then it is for the insured to point out those discrepancies before accepting the document. Appellant/ complainant is bound by the contract of insurance as reflected from the document of insurance. Therefore, we find no reason to take a different view than what has been taken by the forum and, thus, finding the appeal devoid of any substance, we pass the following order:- ORDER Appeal is not admitted and stands rejected accordingly.
Pronounced Dated 15 March, 2011.th [Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mrs. J.D.Yengal] MEMBER