Filing revision petition in national consumer comm
AMARJIT SINGH MONGA
(Querist) 10 April 2014
This query is : Resolved
SIR,
WE HAVE FILED A COMPLAINT IN DISTRICT FORUM IN 2005 WHEN OUR CLAIM FOR FIRE IN OUR SHOP WAS REJECTED BY INSURANCE CO ON THE GROUND OF AVERAGE CLAUSE AND UNDER INSURANCE BUT OUR INS WAS GOT DONE BY OUR BANKERS FROM WHERE WE HAD TAKEN LOAN AND ONLY COVER NOTE WAS SUPPLIED AND NO POLICY WAS DELIVERED TO US AND AFTER TAKING THIS SPECIFIC PLEA THE DISTRICT FORUM HAD DISMISSED OUR COMPLAINT AND WE FILED APPEAL IN STATE COMM BUT THAT TOO WAS REJECTED BY STATE COMM CITING A JUDGEMENT OF SUPREME COURT "GENERAL ASSURANCE SOCIETY V/S CHANDUMMAL JAIN AIR 1966 SC 1644" WHILE AS PER OUR KNOWLEDGE THIS JUDGEMENT IS NOT APPLICABLE TO OUR CASE BECAUSE THE CONSUMER ACT IS OF 1986 WHILE THIS JUDGEMENT WAS OF 1966.MOREOVER WE HAVE CITED 20 JUDGEMENT OF SC,NC AND STATE COMM IN WHICH IT WAS HELD THAT WHEN THE TERMS & CONDITION WERE NOT SUPPLIED TO THE INSURED THAN THOSE WERE NOT APPLICABLE BUT STATE COMM HAD NOT TAKEN THOSE INTO CONSIDERATION MOREOVER THE INS CO HAVE NOT PLACED ON RECORD ANY COURIER RECEIPT TO PROVE THAT THEY HAD SENT THE POLICY TO US DESPITE OUR PLEAS.EVEN NATIONAL COMM IN IT RP NO 3165-3166 OF 2013 HAD DECIDED ON 01/04/2014 THAT ONUS TO PROVE THAT THE TERMS AND CONDITION WERE SUPPLIED TO INSURED WAS WITH THE INS CO. SO ADVISE US ACCORDINGLY------AMARJIT SINGH MONGA,PATIALA
ajay sethi
(Expert) 10 April 2014
as against the order of state Commission move national Commission for necessary reliefs . rely upon various judgements cited by you
Nadeem Qureshi
(Expert) 10 April 2014
file a revision before NC and raised all the questions in your revision petition.
feel free to call
AMARJIT SINGH MONGA
(Querist) 10 April 2014
SIR,
THANKS FOR GUIDING US BUT WE REQUEST YOU TO INFORM THAT WHETHER JUDGEMENT OF 1966 RELIED UPON BY STATE COMM IN OUR CASE IS CORRECT OR NOT
T. Kalaiselvan, Advocate
(Expert) 11 April 2014
While approaching a supreme court lawyer for appeal before national commission, clarify the details with the help of the papers in your possession.
