ICICI LOMBARD GENERAL INSURANCE CO LTD & ORS Vs. PEE ESS SALES

JUDGEMENT

(1.) MISC . Application for condonation of delay

(2.) IT was further pleaded that unfortunately fire had broken out in the godown of respondents on the night intervening 30.11.2003 and 1.12.2003. At that time, the material like Nylon, Sandwitch (Laminated) belts/belting adhesive, etc. were stocked in the godown which were meant for exporting to the exporters abroad. The fire tender had reached the spot within 30 -45 minutes. The fire was extinguished. The respondents had suffered the loss. Information was given to the appellants. They had appointed the Surveyor who had assessed the loss to the tune of Rs. 5,36,270. Accordingly, the respondents had lodged the claim with the appellants. Jitesh Sondhi was a partner of the respondents firm. He was also the Proprietor of M/s. Sondhi Laminated Belting which had sold the goods to the respondents. The appellants had pressurised Jitesh Sondhi to reduce the amount of loss. He was pressured to reduce the amount to the tune of Rs. 4,62,643 and assured him that the payment would be made immediately if the claim was reduced to that amount. After exercising pressure on him, the appellants got written consent letter dated 30.7.2004 accepting the claim to the tune of Rs. 4,62,643.

(3.) IT was further pleaded that even after agreeing to reduce the claim to Rs. 4,62,643 against the genuine claim of Rs. 5,36,270, the matter was still postponed by the appellants on which the respondents issued a legal notice on 16.10.2004. Jitesh Sondhi was again called by the appellants and he was pressured to accept an amount of Rs. 4,50,692 and he was made to sign on the Discharge Voucher. It was pleaded that an amount of Rs. 85,578 was illegally deducted by the appellants from the genuine claim of the respondents. Hence the respondents filed a complaint in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short the 'District Forum') for recovery of an amount of Rs. 85,578 along with interest and costs.