w w w . L a w y e r S e r v i c e s . i n



Continental & Eastern Agencies Pvt. Ltd., Through its Director Krishan Verma v/s The New India Assurance Co. Ltd., Through its concerned Director


Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L66000MH1919GOI000526

Company & Directors' Information:- CONTINENTAL INDIA PRIVATE LIMITED [Active] CIN = U25203HR2006PTC069888

Company & Directors' Information:- CONTINENTAL INDIA PRIVATE LIMITED [Active] CIN = U25203DL2006PTC153993

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = L99999MH1919GOI000526

Company & Directors' Information:- THE NEW INDIA ASSURANCE COMPANY LIMITED [Active] CIN = U99999MH1919GOI000526

Company & Directors' Information:- T L VERMA AND CO PVT LTD [Active] CIN = U45201CH1982PTC004829

Company & Directors' Information:- V V A AGENCIES PRIVATE LIMITED [Active] CIN = U67190TN1995PTC031152

Company & Directors' Information:- C V AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027178

Company & Directors' Information:- S R B AGENCIES PVT LTD [Active] CIN = U63090WB1988PTC044096

Company & Directors' Information:- C AND A AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109761

Company & Directors' Information:- A & T AGENCIES PRIVATE LIMITED [Active] CIN = U51909DL2009PTC188642

Company & Directors' Information:- CONTINENTAL AND EASTERN AGENCIES PRIVATE LTD. [Active] CIN = U32100DL1999PTC102629

Company & Directors' Information:- B L AGENCIES PRIVATE LIMITED [Active] CIN = U74140MP2009PTC022728

Company & Directors' Information:- J J AGENCIES PVT LTD [Amalgamated] CIN = U51101TN1984PTC062364

Company & Directors' Information:- M. S. CONTINENTAL PRIVATE LIMITED [Active] CIN = U74999PB2009PTC032793

Company & Directors' Information:- R K AGENCIES PRIVATE LIMITED [Active] CIN = U65921WB1967PTC027084

Company & Directors' Information:- D. C. AGENCIES PRIVATE LIMITED [Active] CIN = U74999DL2016PTC304376

Company & Directors' Information:- L K AGENCIES PRIVATE LIMITED [Strike Off] CIN = U24119WB1997PTC085135

Company & Directors' Information:- G J AGENCIES PVT LTD [Active] CIN = U51109WB1991PTC052043

Company & Directors' Information:- N. R. AGENCIES PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016322

Company & Directors' Information:- A P R AGENCIES PRIVATE LIMITED [Amalgamated] CIN = U74120DL2000PTC107363

Company & Directors' Information:- S R B AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109DL1992PTC050105

Company & Directors' Information:- N N AGENCIES PRIVATE LIMITED [Active] CIN = U18101DL1999PTC101803

Company & Directors' Information:- C P AGENCIES PVT LTD [Strike Off] CIN = U51900MH1982PTC027553

Company & Directors' Information:- M I AGENCIES PRIVATE LIMITED [Active] CIN = U51909WB2006PTC111379

Company & Directors' Information:- B B AGENCIES PVT LTD [Active] CIN = U51109WB1991PTC051042

Company & Directors' Information:- P L AGENCIES PRIVATE LIMITED [Active] CIN = U50100HR1990PTC030793

Company & Directors' Information:- M B AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC028303

Company & Directors' Information:- S R AGENCIES PRIVATE LIMITED [Active] CIN = U51311TZ1993PTC004684

Company & Directors' Information:- S K S AGENCIES LIMITED [Active] CIN = U51900TZ2011PLC016844

Company & Directors' Information:- G M C AGENCIES PVT LTD [Strike Off] CIN = U34102WB1984PTC037193

Company & Directors' Information:- A L B AGENCIES PVT LTD [Strike Off] CIN = U51909DL1974PTC007574

Company & Directors' Information:- K B AGENCIES PVT LTD [Active] CIN = U51209MH1981PTC025176

Company & Directors' Information:- J D AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109UP2001PTC026118

Company & Directors' Information:- H & A AGENCIES PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289499

Company & Directors' Information:- M AND B CONTINENTAL PRIVATE LIMITED [Strike Off] CIN = U74140DL1982PTC014607

Company & Directors' Information:- T S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U28991WB1956PTC023146

Company & Directors' Information:- R. S. AGENCIES PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2010PTC140902

Company & Directors' Information:- R D VERMA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004873

Company & Directors' Information:- E K AGENCIES PVT LTD [Strike Off] CIN = U52342OR1994PTC003777

Company & Directors' Information:- R A AGENCIES PRIVATE LIMITED [Active] CIN = U51310MH2001PTC130448

Company & Directors' Information:- K K AGENCIES PVT LTD [Strike Off] CIN = U36992WB1976PTC030699

Company & Directors' Information:- D V S AGENCIES PVT LTD [Active] CIN = U00000DL1983PTC016402

Company & Directors' Information:- D AND S AGENCIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109DL1993PTC052016

Company & Directors' Information:- D S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74120GJ2015PTC083422

Company & Directors' Information:- R A AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909MH1997PTC110053

Company & Directors' Information:- G S C AGENCIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1992PTC049001

Company & Directors' Information:- M R AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909GJ1960PTC000959

Company & Directors' Information:- P. D. AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055259

Company & Directors' Information:- NEW EASTERN(INDIA) PRIVATE LIMITED [Strike Off] CIN = U99999MH1949PTC006487

Company & Directors' Information:- G M AGENCIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076202

Company & Directors' Information:- P S S AGENCIES PVT LTD [Strike Off] CIN = U51909DL1988PTC032598

Company & Directors' Information:- M M AGENCIES PRIVATE LIMITED [Active] CIN = U20299KA1977PTC003257

Company & Directors' Information:- B R AGENCIES PRIVATE LIMITED [Active] CIN = U74140GJ1989PTC011998

Company & Directors' Information:- E G AGENCIES PRIVATE LIMITED [Active] CIN = U51109WB1998PTC087248

Company & Directors' Information:- S K AGENCIES PRIVATE LIMITED [Active] CIN = U51909GJ1988PTC011354

Company & Directors' Information:- R. B. AGENCIES PRIVATE LIMITED [Active] CIN = U74991UP2006PTC032620

Company & Directors' Information:- P R AGENCIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U51494MH2001PTC132847

Company & Directors' Information:- A F AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51900MH1976PTC018979

Company & Directors' Information:- M C S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC134911

Company & Directors' Information:- V M CONTINENTAL PRIVATE LIMITED [Active] CIN = U51101UP2013PTC055781

Company & Directors' Information:- EASTERN CO PVT LTD [Active] CIN = U74140WB1943PTC011182

Company & Directors' Information:- S D AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909CH2012PTC033796

Company & Directors' Information:- G S AGENCIES PVT LTD [Strike Off] CIN = U74899DL1981PTC011493

Company & Directors' Information:- S S R K AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC125313

Company & Directors' Information:- B VERMA AND COMPANY PRIVATE LTD. [Strike Off] CIN = U74140DL1986PTC023027

Company & Directors' Information:- AGENCIES PVT LTD [Dissolved] CIN = U74900KL1943PTC000048

Company & Directors' Information:- M C AGENCIES PVT LTD [Strike Off] CIN = U51226KL1990PTC005655

Company & Directors' Information:- EASTERN AGENCIES LIMITED. [Strike Off] CIN = U74140KL1948PLC001437

Company & Directors' Information:- G B AGENCIES PVT LTD [Strike Off] CIN = U51109WB1990PTC048136

Company & Directors' Information:- G. A. AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109JK1986PTC000852

Company & Directors' Information:- G AND V AGENCIES PRIVATE LIMITED [Strike Off] CIN = U65929DL1965PTC004446

Company & Directors' Information:- EASTERN CORPN PVT LTD [Strike Off] CIN = U51109WB1936PTC008577

Company & Directors' Information:- R S E AGENCIES PVT LTD [Strike Off] CIN = U51909DL1976PTC008040

Company & Directors' Information:- T T AGENCIES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006617

Company & Directors' Information:- D R AGENCIES PVT LTD [Strike Off] CIN = U51109WB1948PTC016264

Company & Directors' Information:- D L M AGENCIES PVT LTD [Strike Off] CIN = U51420WB1954PTC021631

Company & Directors' Information:- THE NEW EASTERN ASSURANCE COMPANY LIMITED [Dissolved] CIN = U99999MH1930PTC001658

    Complaint No. 1002 of 2016

    Decided On, 25 June 2020

    At, Delhi State Consumer Disputes Redressal Commission New Delhi

    By, THE HONOURABLE MR. O.P. GUPTA
    By, MEMBER (JUDICIAL)

    For the Appearing Parties: -----------



Judgment Text


1. The case of the complainant is that it is a private limited company and signatory is authorised to file this complaint vide resolution dated 28.06.2016. It is working as contractor in Government Departments particularly Railway Department.

2. Indian Railway Organisation for Alternative Fuels, Ministry of Railway, Govt. of India, issued advance acceptance letter to M/s. Heinzmann/Gmbh & Co. KG, Engine and Turbine Controls, Am Haselbach 1, D-79677 Schonau, Germany for whom the complainant is working in India. Acceptance was against tender No.IROAF/CNG/P-3/2010 dated 03.02.2011 for execution of the work “Conversion of 40 DPC (Diesel Power Car). Dual fuel engine with CNG” of total contractual amount of Rs.47.28 Crore.

3. Complainant applied for insurance of the project with OP. It deposited Rs.1,26,757/- as instalment of insurance and completed other formalities. The OP issued Marine-cum-erection insurance policy No.3120004411080000008 dated 30.08.2011 for Rs.90 lacs. On the demand of OP, complainant deposited additional premium of Rs.3,839/- and OP issued additional endorsement document dated 05.09.2011. OP sent email dated 16.12.2011 requesting to pay Rs.18,582/- for arranging insurance for enhancement of Rs.2.11 Crore of value of engine on the request of the complainant. On request of complainant to extend the validity of policy sent through email on 09.12.2012, OP made demand of Rs.19,446/- for extension. The said amount was deposited by the complainant. Extension of policy validity from 29.02.2012 are annexure C-8 to C-10.

4. The OP did not refund the amount of premium paid for unused period of the policy as intimated through letter dated 31.08.2012. They admitted to refund the premium charged earlier, through mail dated 22.10.2012. On request of the complainant and deposit of additional premium of Rs.35,494/, the policy was extended till 18.10.2014. The IROAF issued letter dated 26.12.2012 for handing over the engine on 24.12.2012 at Shakur Basti Diesel Shed. Copy of the erection of all risks/storage-cum-erection insurance policy issued on 20.06.2014 and letter dated 26.12.2012 are annexure C-12 and C-13.

5. The complainant submitted proposal form on 25.08.2011. Thereafter when complainant came to know that old DPC (used) will be supplied by the Ministry of Railway, the complainant immediately intimated the same to OP vide mail dated 27.12.2012. The DPC reached at Sonipat Railway Station. On intimation, the surveyor was appointed by the OP on 02.07.2013 who inspected DPC at Sonipat Railway Station and submitted the survey report on 06.07.2013 to the OP as well as to the complainant.

6. The complainant intimated about breakdown reserving its right to intimate about the probable loss in the breakdown of the engine during the carrying out of test and trials vide email dated 06.08.2014 to the agent of the OP as well as OP. The OP appointed surveyor for checking DPC vide letter dated 10.08.2014 who submitted report after inspecting the DPC on 18.08.2014. Thereafter complainant submitted claim of Rs.88,09,412/- vide covering letter dated 13.10.2014. The OP rejected the claim through letter dated 07.04.2016 on the finding “in case of second hand / used property, the insurance hereunder shall however, cease immediately on the commencement of the testing.”

7. Prior to extending the policy on 02.07.2013 when the engine reached at Sonipat Railway Station, the OP appointed surveyor to inspect the engine on 02.07.2013. The surveyor inspected the engine and submitted the report on 06.07.2013 in which it is clearly mentioned that engine is old. Despite knowing this fact, the OP extended the policy on the terms mentioned in the policy. Copy of appointment of surveyor dated 02.07.2013 and report dated 06.07.2013 are annexure C-20 and C-21. The OP is well aware that policy earlier issued for new engine is changed into old engine and so the policy cover amount was reduced and the premium amount was also reduced. Therefore at this stage OP has legally no right to reject the claim on the ground that DPC is an old engine.

8. Legal notice dated 29.06.2016 was sent by speed post demanding Rs.49,99,412/- alongwith premium of unused period and interest @18% per annum. Hence this complaint for directing OP to pay Rs.49,99,412/- and amount of premium paid for unused period alongwith interest @18% per annum, Rs.25,000/- as cost of proceedings, compensation of Rs.1 lac for mental agony and wastage of time.

9. OP filed WS raising preliminary objections that complainant failed to take proper reasonable care to protect the affected material to avoid loss which is fundamental breach of the terms and conditions of the policy. The complaint is liable to be dismissed for non-joinder of the necessary party i.e. Indian Railway Organisation for alternative fuels. The claim is not payable due to violation of terms and conditions of the policy, mainly due to the condition stipulating that in case of second hand/used property, insurance shall however, cease immediately on the commencement of the testing. The claim was repudiated vide letter dated 04.07.2016. On the basis of representation of the complainant, his file was re-examined and same was communicated to the complainant vide letter dated 27.01.2017.

10. It is specifically mentioned by Protocol Insurance Surveyors and Loss Assessors Pvt. Ltd. in its report that engine under test was already affected and required major repairs prior to loss. The said conclusion was drawn by surveyor from complainant’s letters dated 06.08.2014 and 08.08.2014 wherein it was stated that piston of cylinder L-6 was found to have been seized and concluded by complainant that the engine is not fit for dual fuel conversion and needs replacement. The seizure of cylinder could not have taken place suddenly but due to prolonged ongoing deterioration process. There has been no deficiency in service on the part of OP. The complainant has not come with clean hands. The complaint involves complicated questions of law and facts which cannot be decided on summary base. On merits OP admitted that it issued policy dated 19.06.2014 to 18.10.2014. It denied that in report dated 06.07.2013 it was mentioned that engine was old. It denied that it was well aware of the fact that policy earlier issued for new engine was changed into old engine, and so the policy cover amount was reduced and premium amount was also reduced. It denied that complainant was entitled for compensation of Rs.1 lac. It prayed for dismissal of the complaint.

11. The complainant filed affidavit of Sh. Kishan Verma, Director in evidence.

12. On the other hand, the OP filed affidavit of Sh. Rajendra Choudhary, Manager and affidavit of Sh. Devinder Kumar Gulati who surveyed the loss. He proved his report as Exhibit OPW2/1 and final survey report as Exhibit OPW1/5.

13. Both the parties have filed written arguments.

14. I have gone through the material on record and heard oral arguments advanced by counsel for complainant.

15. Counsel for complainant submitted that OP renewed the policy after submission of survey report on 06.07.2013 in which it was clearly mentioned that engine was old. Thus, OP must be deemed to have changed the terms and conditions in the initial policy that policy would cease immediately on commencement of testing, in case of second hand/used property. The arguments appears to be probable.

16. Counsel for complainant relied on decision of Hon’ble Supreme Court in Om Prakash Vs. Reliance General Insurance IV (2017) CPJ 10. Though the said decision pertains to delay in intimation to insurance company and is directly not applicable to the case in hand yet the following observations of the Hon’ble Supreme Court are germane.

“The decision of the insurer to reject the claim has to be based on valid grounds.Rejection of the claims on purely technical grounds in a mechanical manner will result in loss of confidence of policy-holders in the insurance industry.”

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17. In view of the above discussion, I find that repudiation by OP is merely on a technical ground. The same is not justified. 18. Anyhow though the complainant lodged claim for Rs.88,09,412/- but it confined the same to Rs.49,99,412/- in legal notice dated 29.06.2016. The same amount has been prayed in the complaint. This shows fairness of the complaint. 19. However, claim for refund of premium for unused period is not sustainable. Whether the insured uses the policy or not is not relevant. 20. Accordingly the complaint is allowed and OPO is directed to pay Rs.49,99,412/- with interest @6% per annum from the date of filing the complaint till date of payment. Order be complied within 45 days from receipt of copy of this order. 21. Copy of this order be sent to both the parties free of cost. 22. File be consigned to Record Room.
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29-01-2020 Eastern India Powertech Limited Versus Assam Electricity Regulatory Commission & Another Appellate Tribunal for Electricity Appellate Jurisdiction
28-01-2020 The New India Assurance Company Limited., Chennai Versus M. Praveena & Others High Court of Judicature at Madras
28-01-2020 New India Assurance Co. Ltd., Through its Authorised Signatory, New Delhi Versus M/s. Durga Bricks Industries, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
23-01-2020 New India Assurance Co. Ltd., Through its Senior Divisional Manager, Chandigarh Versus Palagiri Kumari & Others National Consumer Disputes Redressal Commission NCDRC
23-01-2020 New India Assurance Co. Ltd., Through its Senior Divisional Manager, Chandigarh Versus Palagiri Kumari & Others National Consumer Disputes Redressal Commission NCDRC
21-01-2020 New India Assurance Co. Ltd. Versus Sri Buchiyyamma Rice Mill & Another Supreme Court of India
20-01-2020 Harish Kobrekar V/S New India Assurance Co. Ltd High Court of Karnataka
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
16-01-2020 Sudarshan & Others Versus South Eastern Coalfields Limited Through Chairman-Cum- Managing Director SECL, Chhattisgarh & Others High Court of Chhattisgarh
09-01-2020 M/s. Shri Durga Khandsari Sugar Mills Mendrana, Madhya Pradesh Versus The New India Assurance Co. Ltd., Madhya Pradesh National Consumer Disputes Redressal Commission NCDRC
09-01-2020 M/s. Mahalakshmi Agencies, Nagpur Versus M/s. General Surgical Co. (India) Pvt Ltd., Chennai High Court of Judicature at Madras
08-01-2020 Aakash Verma Versus State High Court of Delhi
08-01-2020 Amit Verma Versus Sangeeta Verma & Others High Court of Madhya Pradesh
07-01-2020 Probin Kumar Sarmah Versus New India Assurance Company Ltd. & Others Assam State Consumer Disputes Redressal Commission Gauhati
07-01-2020 Solidix India Versus New India Assurance Co. Ltd. National Consumer Disputes Redressal Commission NCDRC
07-01-2020 The New India Assurance Co. Ltd. & Others Versus Aruna Hanumant Yadav & Others High Court of Judicature at Bombay