NEW INDIA ASSURANCE CO LTD THROU. ITS REGIONAL OFFICE NO. 2 vs GAYATRIDHAM PHASE C-OP HSG SOCIETY AND ANR

Judgment text excerpt

WP-12510-2024 - F.docx PURTI PRASAD IN THE HIGH COURT OF JUDICATURE AT BOMBAY PARAB Digitally signed by PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION Date: 2025.12.15 20:06:41 +0530 WRIT PETITION NO. 12510 OF 2024 New India Assurance Co. Ltd. Through its Regional Office No. 2 ...Petitioner Versus Gayatridham Phase Co-op. Housing Society & Anr. …Respondents Mr. Rushabh Vidyarthi a/w Mohit Turakhia i/b Asim Vidyarthi for Petitioner. Mr. Ashutosh Marathe for Respondent No. 1. Mr. Ajit M. Savagave for Respondent No. 2-Bank. Ms. Savina Crasto, AGP for State-Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : DECEMBER 4, 2025 PRONOUNCED ON: DECEMBER 15, 2025 JUDGEMENT : 1. Rule. By consent of parties, made returnable forthwith and taken up for final hearing. Context and Factual Background: 2. This Petition impugns a judgement passed by the National Consumer Disputes Redressal Commission (“National Commission”) Page 1 of 30 December 15, 2025 Purti Parab WP-12510-2024 - F.docx dated March 4, 2024 (“National Commission Order”), refusing to interfere with an Order passed by the State Consumer Disputes Redressal Commission, Maharashtra (“State Commission”) dated November 15, 2016 (“State Commission Order”). 3. The Petitioner, New India Assurance Co. Ltd. ( “New India”) had issued a Standard Fire and Special Perils Policy on July 25, 2004 (“Insurance Policy”) to the Respondent No.1, Gayatridham Phase Co-op Housing Society (“Society”) which was scheduled to expire on July 24, 2005. Ahead of the scheduled expiry, on July 17, 2005, the Society paid the applicable premium amount for renewal of the Insurance Policy. The cheque towards premium amount for Rs.18,910/- had been drawn on Respondent No. 2, The Thane District Central Co-operative Bank Ltd. (“Thane Bank”). 4. On July