ANIL THAKUR AND ORS Vs. UNITED INDIA INSURANCE COMPANY LIMITED
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Anil Thakur And Ors
UNITED INDIA INSURANCE COMPANY LIMITED
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(1.) MEMBER This appeal is directed against the order of District Forum, Shimla, Himachal Pradesh passed in Consumer Complaint No. 248/2003, dated 29.10.2007, whereby the complaint of the appellant was dismissed and the parties were directed to bear their own cost.
(2.) FACTS of the case as they emerge from the record are that the appellant had insured its building from the respondent for a sum of Rs. 6,00,000 which was insured from the period 7.7.2001 to 6.7.2002. As per appellant on the intervening night of 26/27th January, 2002 due to landslide, the insured building of the appellant got damaged during the subsistence of insurance policy. Thereafter the claim was preferred by the appellant against the respondent in respect of loss suffered to the insured building on account of land slide. Further allegations in the complaint are that the respondent had wrongly settled the claim for Rs. 1,14,515, whereas the appellanthad claimed Rs. 5,93,630. As such this act of the respondent was illegal, wrong and amounts to unfair trade practice and deficiency of service on the part of the respondent.
(3.) IN this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed for deficiency of service, wherein the appellant had claimed an amount of Rs.4,85,000 along with interest @ 18% per annum besides litigation cost.
The respondent in the present case contested /resisted the complaint and raised preliminary objections relating to maintainability of the complaint and it was also pleaded that there was no deficiency of service on its part and since the appellant had received an amount of Rs. 1,14,515 being full and final satisfaction of the claim, as such the complaint is not maintainable against the respondent and as per respondent the assessment of cost of construction prepared by the Assistant Engineer, H.P.P.W.D. Kotkhai upon which reliance is being placed by the appellant is highly exaggerated and it is not admissible as per terms and conditions of the policy.;
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