NEW ASSURANCE CO. LTD. versus SHRI B.N. SAINANI

NEW ASSURANCE CO. LTD. versus SHRI B.N. SAINANI

Assignee who has no insurable interest in goods at relevant time cannot be considered a 'consumer' under the Consumer Protection Act. Insurance policy lapsed as goods were not transshipped within 60 days and no extension was granted; thus, insurer not liable and no deficiency in service.

Parties
Appellant: New India Assurance Co. Ltd.; Respondent: Shri B.N. Sainani
Jurisdiction
India
Judgment Date
09 July 1997
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From National Consumer Disputes Redressal Commission
Outcome
Appeal allowed; complaints dismissed.
Legal Topics
Assignee as Consumer, Deficiency in Service, Marine Insurance Policy Period, Insurable Interest
Consumer Protection Insurance Assignee as Consumer Deficiency in Service Marine Insurance Policy Period Insurable Interest

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Parties

New India Assurance Co. Ltd.

Appellant

Shri B.N. Sainani

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether the assignee is a 'consumer' for purposes of maintaining complaint under Consumer Protection Act, 1986
  2. 2 Whether the insurer's refusal to extend marine insurance policy beyond 60 days constitutes deficiency in service
  3. 3 Whether the complaint was barred by limitation

Ratio Decidendi

Assignee who has no insurable interest in goods at relevant time cannot be considered a 'consumer' under the Consumer Protection Act. Insurance policy lapsed as goods were not transshipped within 60 days and no extension was granted; thus, insurer not liable and no deficiency in service.

Court Disposition

Appeal allowed; complaints dismissed.

Orders

  • Orders of National and State Consumer Disputes Redressal Commissions set aside.
  • Complaints of respondent dismissed.