SHAKSHI TRADERS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) M/s. Shakshi Traders appeals against the order of the District Forum, Yamunanagar partly allowing the respondent-consumer's complaint and awarding a compensation of Rs.1848/- against the appellant with costs of Rs.500/- only.

(2.) On the respondent-consumer Shri Suresh Chand Jain's own showing, he had insured his television set against break down etc. vide policy No.985805 with the National Insurance Company Limited. It was the case that the said T. V was maintained and operated by the respondent-complainant with all diligence and care, but it accidently broke down due to power fluctuation of electricity, resulting in serious damage thereto. Inevitably, the insured lodged a claim with the Insurance Company on the 26th of August, 1992 and they appointed Mr. M. L. Banerjee as a surveyor, who filed his report with the Company. The respondent-complainant not being satisfied with the said report, sought the appointment of another surveyor, which apparently seems to have been declined. Meanwhile, the appellant assessed the loss to the T. V to Rs.2660/- and repair charge of Rs.200/- etc. and after executing the same, submitted a bill for Rs.1848/- plus Rs.100/- as charges for repair and Rs.50/- for travelling from time to time. This bill was submitted by the complainant to the respondent-insurers and the salvage was also deposited with the said Company on the 9th of December, 1992. Nevertheless, the claim was not paid and thus compelling the complainant to knock at the door of the District Forum.

(3.) M/s. National Insurance Company Limited in their written statement took up the specious plea that the damage to the T. V did not fall within the scope of the policy and hence, the District Forum had no jurisdiction. It was pleaded that the insurers had honoured the finding of the surveyor Mr. M. L. Banerjee and asked the complainant to supply the cash memo of the new parts replaced, so that the payment could be made to the complainant. But he produced bills of M/s Rakesh Radio Corporation, Chandni Chowk, Delhi authenticated under his signatures. It was pleaded that on enquiries being made a letter was written to the abovesaid firm, but it had been received unserved with the report that no such firm is in existence at Delhi.