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| SCC directs NIC to pay assessed loss to complainant | | | Early Times Report
Jammu, Sept 25- State Consumer Commission (SCC) headed by Justice (Retd) GD Sharma in a petition filed by Imran Jan, owner of a newly constructed Hotel which was gutted in a fire during the intervening night of August 3, 2001, directed the National Insurance Company (NIC) to pay Rs.7.30 lakhs assessed amount to the complainant along with interest @ 9% PA from the date of filling the complaint till the final payment is made. The Commission further directed that payment be routed through J&K Bank branch Leh to make adjustment against the loan advanced in favour of the complainant in accordance with the relevant law and rules. The litigation charges amounting to Rs 20,000 was also awarded in favour of the complainant.
The judgment written by Justice GD Sharma for the Commission observed that after viewing the case in its true prospective, the Commission agrees with assessment made by the surveyor and loss assessors that complainant had suffered actual loss to the tune of Rs 7.30 lakhs The Commission further observed that negligence on the part of National Insurance Company, its Senior Divisional Manager and Branch Manager amounts to deficiency in rendering service. It is for the higher echelons in the higher hierarchy of the insurance company to take suitable administrative action against the delinquent officials. Commission also took serious note of assessment report got prepared from the XEN PWD Leh at the behest of SP Leh who had no business for getting the loss assessed. The function of police was only to the extent to ascertaining the factual position of the incident and registration of the case. JNF
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