news details |
|
|
| Consumer Commission censures surveyor | | Disapproves conduct of Insurance Co; directs to pay insurance money with interest | | Early Times Reporter
Jammu | Feb 20
Dismissing the appeal of the Insurance Company against the order of the Divisional Forum, the State Consumer Disputes Redressal Commission while accepting the appeal filed by the insurer, Rajiv Gandotra, shopkeeper has directed the Insurance Company to pay Rs one lakh along with the interest @ 8 per cent per annum to the insurer from 1998 till the final payment is made as well as burdened the Insurance Company with litigation expenses in the sum of Rs.8000.
The Commission, headed by Justice (Retd) G D Sharma with Khalid Hussain as Member, in its judgment disapproved the conduct of the insurance company and also censured the surveyor for not considering the ground realities prevailing on the spot.
The Commission while dismissing the appeal filed by New India Assurance Company against the order of the Divisional Forum observed that ‘the surveyor and loss assessor was expected to conduct himself with humanism and practical difficulties should have been taken care of by adopting an impartial approach which elements are missing in the report in hand and does not inspire any confidence’. The Commission further observed that ‘the insurance company has unnecessarily dragged its consumer Rajiv Gandotra, an unemployed graduate who had taken loan from Jammu and Kashmir Bank under the Prime Minister’s Rozgar Yogna for setting up a shop, into litigation which remained pending for nine years and disapproved such conduct of an insurance company.
According to the case Rajiv Gandotra s/o Prem Raj Gandotra R/O F-57 Kali Khanni, Jammu who was running a shop at Raj Tilak Road had insured the stocks kept in the said shop for a sum of Rs.80,000 and the furniture, fixtures and fittings for Rs.20,000. On June 1, 1998 some anti-national elements caused a bomb blast near the platform of the shop causing death of a minor girl and injuries to many others who happened to be near the shop, besides total loss to the shop and the property. After registering a case in the Police Station Pacca Danga, the shopkeeper, insurer, raised a claim with the Insurance Company, who at the first instance refused to give any claim on non technical grounds. The insurer approached the Divisional Forum who decided the case in his favour. Not satisfied with the award, the Insurance Company filed a petition with the Consumer Commission. The petition pending since last four years was decided by the Commission today which dismissed it and directed the Insurance Company to pay Rs one lakh to the insurer along with 8 per cent interest, besides the litigation charges.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
