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



Oriental Insurance Co. Ltd., New Delhi v/s M/s. Guptasons Jewellers & Gems Pvt. Ltd., New Delhi


Company & Directors' Information:- THE ORIENTAL INSURANCE COMPANY LIMITED [Active] CIN = U66010DL1947GOI007158

Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

Company & Directors' Information:- C H JEWELLERS PRIVATE LIMITED [Active] CIN = U36911GJ2001PTC039772

Company & Directors' Information:- INDIA JEWELLERS LTD [Active] CIN = U36911WB1995PLC071433

Company & Directors' Information:- R . B. JEWELLERS PRIVATE LIMITED [Active] CIN = U51109WB1996PTC078345

Company & Directors' Information:- R. S. R. JEWELLERS PRIVATE LIMITED [Active] CIN = U36910TG2010PTC071378

Company & Directors' Information:- K K GEMS PRIVATE LIMITED [Active] CIN = U36911MH2010PTC199442

Company & Directors' Information:- K M JEWELLERS PRIVATE LIMITED [Active] CIN = U51420TN2010PTC075012

Company & Directors' Information:- M B JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC046128

Company & Directors' Information:- R C JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2003PTC121262

Company & Directors' Information:- M AND M GEMS PRIVATE LIMITED [Converted to LLP] CIN = U36911RJ2005PTC021648

Company & Directors' Information:- B. M. JEWELLERS PRIVATE LIMITED [Active] CIN = U36911RJ2006PTC022224

Company & Directors' Information:- M M JEWELLERS PRIVATE LIMITED [Active] CIN = U36912AS2001PTC006472

Company & Directors' Information:- K & J JEWELLERS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC175343

Company & Directors' Information:- R K JEWELLERS PRIVATE LIMITED [Active] CIN = U36911TN1990PTC019447

Company & Directors' Information:- J. R. JEWELLERS PRIVATE LIMITED [Active] CIN = U74900WB1998PTC086762

Company & Directors' Information:- M. D. JEWELLERS PRIVATE LIMITED. [Active] CIN = U51398AS2007PTC008367

Company & Directors' Information:- D J GEMS PRIVATE LIMITED [Active] CIN = U51398MH2004PTC144312

Company & Directors' Information:- R M JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2002PTC113844

Company & Directors' Information:- M U JEWELLERS PRIVATE LIMITED [Active] CIN = U36910MH2004PTC144893

Company & Directors' Information:- GUPTASONS JEWELLERS AND GEMS PRIVATE LIMITED [Active] CIN = U36911DL2003PTC118742

Company & Directors' Information:- M R JEWELLERS PRIVATE LIMITED [Active] CIN = U51398CH1998PTC021175

Company & Directors' Information:- J J J JEWELLERS PRIVATE LIMITED [Active] CIN = U36911KA2010PTC054522

Company & Directors' Information:- D N GEMS PRIVATE LIMITED [Amalgamated] CIN = U51398MH2004PTC149027

Company & Directors' Information:- THE NEW INSURANCE LIMITED [Strike Off] CIN = U66010UP1933PLC000509

Company & Directors' Information:- V. D. GEMS INDIA PRIVATE LIMITED [Active] CIN = U51398MH2009FTC191779

Company & Directors' Information:- THE ORIENTAL COMPANY LIMITED [Active] CIN = U67120WB1935PLC094079

Company & Directors' Information:- V N JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U36912MH2013PTC244563

Company & Directors' Information:- V GEMS PRIVATE LIMITED [Strike Off] CIN = U36910GJ2005PTC046182

Company & Directors' Information:- ORIENTAL COMPANY LIMITED [Not available for efiling] CIN = U70101RJ1935ULL000047

Company & Directors' Information:- G P JEWELLERS INDIA PRIVATE LIMITED [Active] CIN = U36911MH2006PTC158737

Company & Directors' Information:- S K GEMS PRIVATE LIMITED [Active] CIN = U36911DL2005PTC136053

Company & Directors' Information:- B. L. JEWELLERS PRIVATE LIMITED [Active] CIN = U27209DL2007PTC164052

Company & Directors' Information:- P K JEWELLERS PRIVATE LIMITED [Active] CIN = U51398MH2002PTC135809

Company & Directors' Information:- S P JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2001PTC111394

Company & Directors' Information:- ORIENTAL INDIA LTD [Strike Off] CIN = U51226WB1983PLC036505

Company & Directors' Information:- D. S. JEWELLERS PRIVATE LIMITED [Active] CIN = U51909GJ2019PTC108030

Company & Directors' Information:- L K JEWELLERS PRIVATE LIMITED [Active] CIN = U74999DL2009PTC188698

Company & Directors' Information:- M P JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC063235

Company & Directors' Information:- D V K JEWELLERS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050616

Company & Directors' Information:- DELHI JEWELLERS PRIVATE LIMITED [Active] CIN = U51398DL1997PTC085519

Company & Directors' Information:- T P GEMS AND JEWELLERS PRIVATE LIMITED [Active] CIN = U74120MH2012PTC233800

Company & Directors' Information:- D K JEWELLERS PRIVATE LIMITED [Active] CIN = U27205DL1997PTC085430

Company & Directors' Information:- K AND B GEMS PVT LTD [Converted to LLP] CIN = U99999MH1982PTC026274

Company & Directors' Information:- I P JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2005PTC136088

Company & Directors' Information:- J. L. JEWELLERS PRIVATE LIMITED [Active] CIN = U27310UP2009PTC038870

Company & Directors' Information:- J V JEWELLERS PRIVATE LIMITED [Active] CIN = U74899HR1995PTC032638

Company & Directors' Information:- M. V. S. JEWELLERS PRIVATE LIMITED [Active] CIN = U36996MH2010PTC203098

Company & Directors' Information:- R. P. J. JEWELLERS PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036514

Company & Directors' Information:- N M JEWELLERS PRIVATE LIMITED [Active] CIN = U51398DL2012PTC234794

Company & Directors' Information:- P B JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2005PTC136184

Company & Directors' Information:- R P JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U18109DL1997PTC090466

Company & Directors' Information:- S P GEMS PRIVATE LIMITED [Active] CIN = U36912MH2008PTC180407

Company & Directors' Information:- ORIENTAL GEMS PVT. LTD. [Active] CIN = U27205WB1988PTC045705

Company & Directors' Information:- Y G JEWELLERS PRIVATE LIMITED [Active] CIN = U36911MH2001PTC132462

Company & Directors' Information:- B C GEMS PRIVATE LIMITED [Under Process of Striking Off] CIN = U36911TZ2001PTC009952

Company & Directors' Information:- D P JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2002PTC114961

Company & Directors' Information:- V L JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U51938PB2000PTC023447

Company & Directors' Information:- B. K. JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1976PTC008384

Company & Directors' Information:- N K JEWELLERS PVT LTD [Strike Off] CIN = U36911DL1979PTC009862

Company & Directors' Information:- J J M JEWELLERS (P) LTD [Strike Off] CIN = U36911KL1987PTC004753

Company & Directors' Information:- U B JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U27205PN2013PTC145920

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- S B JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U52393OR2009PTC011017

Company & Directors' Information:- ORIENTAL CORPN PVT LTD [Active] CIN = U51909GJ1937PTC000133

Company & Directors' Information:- A. V. GEMS PRIVATE LIMITED [Active] CIN = U36100MH2013PTC251033

Company & Directors' Information:- J V GEMS PRIVATE LIMITED [Active] CIN = U36911MH2008PTC188820

Company & Directors' Information:- S. A. GEMS PRIVATE LIMITED [Strike Off] CIN = U36912MH2008PTC178441

Company & Directors' Information:- B G GEMS PRIVATE LIMITED [Strike Off] CIN = U74999MH2015PTC266421

Company & Directors' Information:- J B GEMS PRIVATE LIMITED [Strike Off] CIN = U51398DL2003PTC121341

Company & Directors' Information:- B. P. JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U74999DL2010PTC202710

Company & Directors' Information:- J 4 K JEWELLERS PRIVATE LIMITED [Active] CIN = U36911DL2001PTC110182

Company & Directors' Information:- P V JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U36911DL2005PTC141014

Company & Directors' Information:- N G JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U36103HR2010PTC040253

Company & Directors' Information:- V J GEMS PRIVATE LIMITED [Dormant under section 455] CIN = U51398KL2001PTC014565

Company & Directors' Information:- D J JEWELLERS PRIVATE LIMITED [Active] CIN = U36911GJ2003PTC041965

Company & Directors' Information:- V R GEMS PRIVATE LIMITED [Strike Off] CIN = U52393GJ2010PTC062447

Company & Directors' Information:- NEW INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U36999TN1940PTC001776

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

Company & Directors' Information:- INSURANCE OF INDIA LTD [Strike Off] CIN = U67200WB1936PLC008634

Company & Directors' Information:- JEWELLERS PVT LTD [Strike Off] CIN = U51909WB1962PTC025506

Company & Directors' Information:- S AND A JEWELLERS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048755

Company & Directors' Information:- K B JEWELLERS PVT LTD [Strike Off] CIN = U27205UP1964PTC002992

Company & Directors' Information:- JEWELLERS LTD. [Dissolved] CIN = U99999MH1920PTC000853

Company & Directors' Information:- ORIENTAL CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1937PTC002741

    First Appeal No. 263 of 2014

    Decided On, 21 September 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appellant: Kishore Rawat, Advocate. For the Respondent: Ankit Khurana, Advocate.



Judgment Text

Oral:IA/2834/2014 (C/delay)For the reasons stated in the application, the delay of 13 days in filing the appeal is condoned subject to deposit of Rs.10,000/- with the ‘Consumer Legal Aid Account’ of NCDRC, within six weeks from today.FA/263/2014The complainant company is engaged in the business of selling gold and diamond jewellery and the company had taken an insurance policy from the appellant which interalia covered theft of jewelley belonging to the complainant / respondent. An FIR was lodged by Mr. Sachin Vijay Gupta, Director of the complainant company on 23.12.2004 alleging therein that when he came to his showroom at Gurudwara Road, Karol Bagh, New Delhi at about 11.55 a.m. in his Scorpio car accompanied by his employees namely, Chetan Sharma and Dharmender, he was carrying two briefcases, the colours of which were Grey and Maroon. He got down from the car carrying grey briefcase with him. Marron colour briefcase containing jewellery was left in the car. His employees started opening the showroom of the company, whereas his driver Ram Khiladi who had come driving another car and his Manager Neeraj Gupta stood near the car . The complainant then asked his employee Ishwar Chand Sharma to bring briefcase from the car. When Ishwar Chand reached the car, the briefcase of Maroon colour containing jewellery was found missing.2. On the same day, Mr. Sachin Vijay Gupta gave a handwritten letter to the concerned SHO at about 6.15 p.m. in which he alleged theft of two briefcases both containing jewellery from the car. It was stated in the said letter that when the informant was standing outside the shop/showroom, and the employee was opening the shop/showroom, a tall person blocked his view and on enquiry he made some useless queries to justify his presence. At the same time, another person engaged his driver by enquiring about a post office and a third person pushed his broker Neeraj away. When the informant asked his employees to take out the briefcases, both the briefcases were found stolen.3. It would thus be seen that there are following material contradictions between the versions given in the FIR and the version given in the letter, though both the FIR as well as the letter emanated from the same person, namely, Mr. Sachin Vijay Gupta:-1. In the FIR, it was clearly stated that the Grey briefcase was carried by Mr. Sachin Vijay Gupta with him when he got down from the car. On the other hand, in the letter given at 6.15 p.m. on the same day, he claimed that both the briefcases i.e. Grey briefcase as well as the Maroon briefcase were left in the car.2. Mr. Sachin Vijay Gupta specifically alleged theft of only Maroon briefcase in the FIR. On the other hand, he alleged theft of both Grey as well as Maroon briefcases in the letter given in the evening.3. Mr. Neeraj was described as Manager in the FIR whereas he was described as a broker in the letter given in the evening.4. The FIR gives an impression as if the articles of jewellery were kept only in the Maroon briefcase whereas in the letter given in the evening, it was claimed that both the briefcases contained jewellery.5. In the FIR, there is no allegation that a second person had diverted the attention of the driver by asking him about the post office and the third person had pushed Mr. Neeraj. These averments find mention only in the letter given in the evening. However, the averment regarding a tall person being present near the shop/showroom of the complainant finds mention in both the FIR as well as the letter.4. I have carefully perused the consumer complaint. No explanation has been given by the complainant for the material contradictions as noted hereinabove, between the FIR and the letter given in the evening. The learned counsel for the complainant/respondent submits that the FIR was lodged as per the dictation of the police officer. However, no such averment is found either in the letter given in the evening or in the consumer complaint. Therefore, the oral submission made by the learned counsel cannot be accepted.5. In my opinion, had the two briefcases both containing jewellery are stolen as is the case made out in the letter given in the evening, Mr. Sachin Vijay Gupta would not have alleged theft of only one briefcase in the FIR lodged by him at the police station. The police officer had nothing to gain by persuading the informant to claim theft of jewellery kept in one briefcase since FIR was duly registered by the concerned police station, it would make no difference to them whether the jewellery was kept in one briefcase or it was kept in two briefcases. Either way the offence made out would be one and the same.6. Therefore, I am unable to accept the version given by the complainant in the letter given by him in the evening of the incident. It appears to me that the letter given in the evening was an after thought, given after due planning and was motivated in order to make a higher claim and seek a higher compensation from the insurer. The aforesaid material contradiction between the FIR and the letter given in the evening which go to the root of the material was conveniently ignored by the surveyor without even asking the complainant to give an explanation for those variations. In my opinion, the theft of the second bag from the case does stand duly proved. The Insurer therefore was justified in paying only a sum of Rs.15 lakhs to the complainant.7. Though this is also the submission of the learned counsel for the Insurer that having voluntarily executed the Discharge Voucher of Rs.15 lakhs before receiving the said amount from the insurer, the complainant is estopped from claiming any further amount from the Insurer, I need not go into this question. On merits the complainant has not been able to substantiate the claim to the extent it has not been paid. The learned counsel for the petitioner relies upon the decision in M/s. K N Resourses Pvt. Ltd. Versus Divisional Manager/Regional Manager, Oriental Insurance co. Ltd., - Consumer Case No. 1247 of 2016 decided on 01/03/2019, United India Insurance Vs. Ajmer Singh Cotton & General Mills & Ors., [II (1999) CPJ 10 (SC)]

Please Login To View The Full Judgment!

& New India Assurance Co. Ltd. Vs. Genus Power Infrastructure Ltd., [(2015) 2 SCC 424]. However, I need not examine those judgments since the case of complainant with respect to the theft of the second bag does not stand otherwise proved.8. For the reasons stated hereinabove, the impugned order is set aside and the consumer complaint is consequently dismissed with no order as to costs.9. The amount of statutory deposit be refunded to the appellant alongwith interest which may have accrued on that amount. The amount, if any, deposited by the appellant with the State Commission shall also be refunded to the appellant alongwith interest which may have accrued on that amount.
O R