Case Note & Summary
The writ petition under Article 227 of the Constitution of India was filed by Reliance General Insurance Company Ltd. against the order dated 31 July 2023 of the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC had dismissed the petitioner’s First Appeal No. 849/2021 and confirmed the earlier order dated 22 September 2021 of the State Consumer Disputes Redressal Commission, Maharashtra in Complaint No. CC/16/235. The underlying dispute arose from a marine insurance policy for the vessel M.T. Crystal owned by Seven Islands Shipping Ltd., with the all-risk cover commencing on 9 November 2006 and an annual premium payable in quarterly instalments. The proposal form, submitted on 23 November 2006, required disclosure of prior accidents. The judgment text provided is incomplete, and no further factual, legal, or decisional details are available.
Issue of Consideration
WRIT PETITION NO. 12656 OF 2023
Case Details
2025 LawText (BOM) (04) 139
Writ Petition No. 12656 of 2023
Mr. Rushabh S. Vidyarthi, Ms. Ishita Bhole, Mr. Mohit Turakhia for Petitioner; Ms. Naira Jeejeebhoy, Ms. Sneha Goud for Respondent No.1
Reliance General Insurance Company Ltd.
Seven Islands Shipping Ltd. and Athena Insurance and Re-Insurance Brokers Pvt. Ltd.
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging an order of the National Consumer Disputes Redressal Commission.
Remedy Sought
Petitioner seeks setting aside of the NCDRC judgment and order dated 31 July 2023 dismissing its first appeal and confirming the State Commission’s order.
Filing Reason
The petitioner‑insurance company was aggrieved by the NCDRC order dismissing its appeal against the State Commission’s order in a consumer complaint.
Previous Decisions
State Consumer Disputes Redressal Commission, Maharashtra passed judgment on 22 September 2021 in Complaint No. CC/16/235; NCDRC dismissed First Appeal No. 849/2021 by order dated 31 July 2023 confirming the State Commission’s order.
Judgment Excerpts
The Petitioner-Insurance Company has invoked jurisdiction of this Court under Article 227 of the Constitution of India for assailing judgment and order dated 31 July 2023 passed by the National Consumer Disputes Redressal Commission dismissing First Appeal No.849/2021 filed by it and confirming the judgment and order dated 22 September 2021 passed by the Presiding Judicial Officer of State Consumer Disputes Redressal Commission, Maharashtra, Mumbai in Complaint No. CC/16/235.
The insurance policy covering all the risk was agreed to be provided by Petitioner at the annual premium of Rs. 6,72,528/- payable in quarterly installments of Rs.1,68,132/- in addition to payment of stamp duty.
Procedural History
The State Consumer Disputes Redressal Commission, Maharashtra passed an order dated 22 September 2021 in Complaint No. CC/16/235. The Petitioner appealed to the NCDRC, which dismissed First Appeal No.849/2021 on 31 July 2023, confirming the State Commission order. The Petitioner then filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Constitution of India: Article 227