Dismissing an appeal moved by the New India Assurance insurance company, the National Consumer Disputes Redressal Commission (NCDRC) upheld a State commission order directing the insurance company to cover the claim put forth by the Delhi Power Company, for theft of over ₹27 lakh.
“There is no dispute regarding the facts that the Delhi Vidyut Board was insured for theft or loss of cash during transit and that a theft of ₹27 lakh took place during transit, when the cash van was parked, to unload the cash. The [insurance company] has however declined to honour its commitment on the ground that as per the investigation report, there was breach of contract,” the Bench observed.
While upholding the State commission order, the apex consumer disputes Redressal forum said, “Having gone through the order of the state commission and other record placed before us, we see no violation or breach of conditions of the policy. There is no cause to interfere with the well-reasoned order passed by the state commission.”
The insurance company had contended that the theft had occurred due to “gross negligence of the security guard leaving the cash van unattended.”