INDO AMERICAN COM LTD Vs. NEW INDIA ASSURANCE CO LTD
LAWS(DELCDRC)-2019-2-1
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 12,2019

Indo American Com Ltd Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

- (1.) This Complaint was filed by M/s Indo American Com. Ltd. based at New Delhi, for short complainant, under Section 17 of the Consumer Protection Act, 1986 (the Act) against the New India Assurance Company Ltd. and others, hereinafter referred to as the OPs, alleging "deficiency in service" and "unfair trade practices" on the part of the OPs causing immense financial loss and mental injury to the complainant by repudiating their legitimate claim otherwise stated to be admissible, and praying for the relief as under: i. The Hon'ble State Commission may be pleased to direct the insurance Company to pay the loss suffered by the complainant to the tune of Rs.27,17,590/- (claim amount)' "ii. Award interest @18% p.a. on the said amount from the date of the loss till the date of actual payment; iii. Award compensation for mental agony and harassment of the directors of the complainant company to the tune of Rs.5,00,000/-; iv. Award costs of Rs. 1,00,000/- for litigation expenses; v. Any other relief which the Hon'ble Commission may deem fit and proper in the facts and circumstances of the case; vi. The complainant company is a very small identity and their entire capital is involved in this case, which has made to carry on the business activities of the complainant difficult due to paucity of funds and as such an interim relief of minimum Rs. 15 lakhs may kindly be considered."
(2.) Facts of the case necessary for the adjudication of the complaint are these.
(3.) This complaint preferred in the year 2005 was once disposed of by this Commission vide order dated 22.01.2009, which orders were later assailed before the Hon'ble National Consumer Disputes Redressal Commission by way of an appeal. The said appeal was disposed of by the Hon'ble National Consumer Disputes Redressal Commission by its order dated 04.07.2016, allowing the appeal and setting aside the orders passed by this Commission, remanding the complaint back to the Commission to decide afresh after considering the objection on the ground of limitation raised by the OPs. Accordingly both the parties were noticed and heard again.;


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