K C TAILORS & DRAPERS Vs. NEW INDIA ASSURANCE CO LTD
LAWS(NCD)-2020-7-41
NCDRC
Decided on July 07,2020

K C Tailors And Drapers Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

C.Viswanath, Member - (1.) First Appeal No.148/2010 is filed by the Appellant/Complainant under Section 19 of the Consumer Protection Act, 1986 against Order passed by the UT Chandigarh State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the "State Commission") in Complaint No.19/2009 dated 06.04.2010 for enhancement of compensation granted by the State Commission. First Appeal No.260/2010 is filed by the Appellant/Opposite Party against the same order challenging the relief granted to the Appellant/Complainant.
(2.) The Complainant, K.C. Tailors and Drapers is a partnership firm, having its premises at SCO 101-102-103, Sector 17-C, insured under Standard Fire and Special Perils Policy from 23.11.2006 to 22.11.2007. Policy No.350101/11/06/11/00000350 was issued for a sum of Rs.32 lakhs at a premium of Rs.9,280/- per annum. According to the Complainant, fire accident took place on 08.06.2007, resulting in a loss of Rs.25 lakhs. The Complainant informed the Opposite Party/Insurance Company who deputed a Surveyor for assessing the loss. Though all the required documents sought by the Surveyor were supplied by the Complainant, the Opposite Party did not settle the claim. Alleging deficiency in service complaint case was filed with following prayers:- "(a) Settle the claim of the complainant for the sum of Rs.25,00,000/- having arisen on 08.06.2007 under the insurance policy in question; (b) Pay interest @ 15% per annum on the above stated amount with effect from 09.10.2007 till payment of the above stated claim amount; (c) Pay compensation for causing unnecessary harassment, agony, deprivation and hardship to the complainant, assessed at Rs.10,00,000/-; (d) Pay costs of his litigation assessed at Rs.33,000/- to the complainant; (e) Grant any other relief as deemed fit & proper in the peculiar circumstances of this consumer dispute."
(3.) The case was duly contested by the Opposite Party admitting that the Complainant had taken an insurance cover. On receiving the intimation of the fire accident on 09.06.2007, M/s Surya Surveyors Pvt. Ltd. was deputed to visit the spot. The Surveyor, vide letter dated 12.06.2007, sought certain documents like audited balance sheets, stock statements, sale tax/vat returns for the period 01.04.2005 to 31.03.2007, apart from details of stock not affected and purchase bills for the period 01.04.2006 to 08.06.2007. The Surveyor submitted his report dated 11.12.2007, assessing the net liability of Rs.17,53,714/-. As the Surveyor's report was incomplete, for want for necessary documents from the Complainant, the claim could not be settled. The Opposite Party prayed for dismissal of the Complaint.;


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