SANJEEV GUPTA Vs. ORIENTAL INSURANCE CO. LTD.,

JUDGEMENT

(1.) This first appeal no. 67 of 2009 has been filed under section 19 of the Consumer Protection Act, 1986 against the order dated 30.01.2009, passed in execution application 2008/37 and the order dated 27.03.2008 passed in Consumer Complaint No. C-297/2001, both with the title, Sanjeev Gupta vs. Oriental Insurance Company Ltd. & Ors.

(2.) The brief facts of the case are that the appellant/complainant Sanjeev Gupta got his Tata bus no. DL-1PA/1485, model 1997, registered with the Respondent/Opposite Party, Insurance Company vide cover note no. 439273 dated 10.07.1999, policy no. 2000/2581, valid from 11.07.1999 to 10.07.2000 for a sum of '6.75 lakhs and premium amounting to Rs. 19,405/- was paid to the Insurance Company.

(3.) The said bus is stated to have been stolen in the night between 31.12.1999 and 01.01.2000, for which FIR No. 4/2000 under Section 379 IPC was recorded on 02.01.2000 with Police Station Ashok Vihar, Delhi. Respondent/Opposite Party was also informed on 01.01.2000. The complainant filed claim with the Insurance Company for recovery of the amount involved, but on failure of the respondent Company to settle the claim, he filed the consumer complaint in question, demanding a total sum of Rs. 10,30,100/-, including '6.75 lakhs as sum insured, Rs. 1 lakh for compensation as mental agony, '2.43 lakhs as interest @ 24%, Rs. 11,000/- as litigation charges and Rs. 1,100/- as notice charges. The State Commission, after taking into account the evidence of the parties, allowed the complaint and directed the Opposite Parties to pay a sum of '6.75 lakhs less 15% towards indemnification of actual loss by way of total loss and to pay Rs. 50,000/- as compensation for mental harassment and Rs. 10,000/- as cost of litigation. The complainant then filed an execution application against the Opposite Party before the State Commission, praying for issuing warrant of attachment to the tune of award against the Opposite Party and interest @ 24% for withholding the awarded amount.