Supreme Court of India · 2018-08-21
M/S. SONELL CLOCKS AND GIFTS LTD. vs THE NEW INDIA ASSURANCE CO. LTD.
- Citation / case number
- SC 2016/40963
- Court
- Supreme Court of India
- Petitioner
- M/S. SONELL CLOCKS AND GIFTS LTD.
- Respondent
- THE NEW INDIA ASSURANCE CO. LTD.
- Author
- HON'BLE MR. JUSTICE A.M. KHANWILKAR
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's complaint against the Insurance Company, stating that the appellant failed to comply with the mandatory obligations under the insurance policy, specifically Clause 6, which required immediate notice of loss and submission of claim particulars within stipulated timeframes. The Court emphasized that the delay in notifying the insurer about the loss, which occurred on 4th August 2004 but was reported only on 30th November 2004, constituted a breach of contract. Consequently, the Court affirmed the Commission's finding of no deficiency in service by the insurer under the Consumer Protection Act, 1986.