SUPREME COURT OF INDIA
M/S. KOZYFLEX MATTRESSES
PRIVATE LIMITED vs SBI GENERAL INSURANCE
COMPANY LIMITED AND ANR.
Civil Appeal No 7966 of 2022 On 20 March 2024
Hon'ble Judges: B.R. Gavai, Sandeep Mehta
Case Type: Civil Appeal
Final Decision: Appeal disposed
Advocates:
Citations:
2024 0 CJ(SC) 143
ACTS REFERRED:
Consumer Protection Act, 1986, Section 2(1)(m)
Consumer Protection Act,
2019, Section 67
(A) Consumer Protection Act, 1986, Section 2(1)(m) - (B) Consumer Protection Act,
2019, Section 67 No.-41-25, village
Poosapatirega, Mandal and District Vizianagaram.
Brief facts essential for adjudication of the present civil
appeal are noted hereinbelow.
The insured-appellant herein being a Private Limited
Company registered under the Companies Act, 1956 is engaged in
the business of manufacture and sale of coir foam mattresses,
pillows, cushions and other coir by-products.
Judgement Text
1. This appeal under Section 67 of the Consumer Protection Act,
2019 (hereinafter being referred to as 'Act of 2019') has been
preferred by the appellant herein for assailing final order dated 24th
August, 2022 rendered by National Consumer Disputes Redressal
Commission (hereinafter being referred to as 'National
Commission'), rejecting the Consumer Case No. 754 of 2015 filed
by M/s. Kozyflex Mattresses Private Limited(hereinafter being
referred to as the 'insured-appellant') praying for a direction to the
SBI General Insurance Company(hereinafter being referred to as
the 'insurer-respondent') to indemnify it for the loss caused by fire
in the insured premises being the manufacturing unit of the
insured-appellant company situated at Sy. No.-41-25, village
Poosapatirega, Mandal and District Vizianagaram.
2. Brief facts essential for adjudication of the present civil
appeal are noted hereinbelow.
3. The insured-appellant herein being a Private Limited
Company registered under the Companies Act, 1956 is engaged in
the business of manufacture and sale of coir foam mattresses,
pillows, cushions and other coir by-products. The manufacturing
unit of the insured-appellant is situated at Sy. No.-41-25, village
Poosapatirega, Mandal and District Vizianagaram and was
registered as a small scale industry with the District Industries
Centre, Vizianagaram. The insured-appellant obtained a 'Standard
Fire and Special Perils Policy(Material Damage)'
No.0000000000807725 (in short 'Policy') for the period
commencing from 28th March, 2013 to 27th March, 2014 for a
