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| Consumer Commission allows appeal pending for last four years | | | Early Times Reporter
Jammu | Feb 8
While allowing an complaint, which was pending in the Commission for the last more than four years, the State Consumer Disputes Redressal Commission, with Justice (Retd) GD Sharma as its Chairman, today directed the National Insurance Company to pay Rs. 1, 69, 145 to the complainant, as assessed by the surveyor, along with interest @ 8 per cent per annum from November 9, 2001, when the case was reopened, till the final payment is made. The Commission also awarded Rs.6000 as litigation charges in favour of the complainant and ordered that the award amount as well as cost of litigation be paid within one month from the date of the order.
Pushkar Nath Bindroo s/o Zanardhan Bindroo r/o Mohalla Sangrampora Sopore, at present H NO 85 Shastri Nagar Jammu, had insured his two buildings with the National Insurance Company, out of which one was four storeyed and second one of two and a half storey with attics.
During the intervening night of August 21-22, 1992, the four storeyed building was gutted in a fire while the other building was also gutted in a fire on November 22 the same year. Accordingly claim was raised with the Insurance Company which was repudiated on November 30, 1998 in respect of both the buildings on the ground that the complainant was not operating and had not produced all the requisite documents as asked for by the surveyor.
While allowing the complaint, the Commission observed that complainant, who is sufficiently old and looks very weak and during his life time wants to get his claim settled amicably even at the unfavourable terms and conditions of the old report dated February 23,2004 wherein assessed payable amount for both the buildings was Rs.1,69,145.
The Commission observed that the direction of the Commission dated March 31, 2005 for making fresh assessment was not complied by the OP, despite the fact that whole record was lying with the surveyor and the complainant had nothing new to offer. Had any fresh assessment been made subjectively, the amount would have increased because both the buildings were gutted in fire and the amount claimed fell within the limits of the policy, the Commission held.
Considering the respective contentions of the counsels of both the parties and taking into account the physical condition of the complainant, coupled with the fact that OP has not done any fresh assessment by the surveyor, the Commission ordered that the amount assessed to the tune of Rs.1, 69, 145 shall be paid to the complainant along with interest @ 8 per cent per annum with effect from November 9, 2001, when the case was reopened, till final payment is made. The award amount as well as costs of litigation shall be paid within one month from the date of this order, the Commission directed. |
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