State Consumer Disputes Redressal Commission
Mukesh Dureja vs The New India Assurance Co. Ltd. on 30 January, 2018
Daily Order IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision:30.01.2018 First Appeal- 492/2017 (Arising out of the order dated 31.07.2017 passed in Complainant Case No. 139/2009 by the District Consumer Disputes Redressal Forum (North), Tis Hazari, Delhi) Mr. Mukesh Dureja, S/o Sh. K.K. Dureja, R/o Z-17, Naveen Shadara, Delhi. .....Appellant Versus The New India Assurance Co. Ltd., Laxman House-3/10/11, Asaf Ali Road, New Delhi-110002. .....Respondent CORAM Justice Veena Birbal, President Salma Noor, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
Justice Veena Birbal, President
1. This appeal is directed against the order dated 31.7.17 passed by the Consumer Disputes Redressal Forum (North), Tis Hazari, Delhi (in short, the "District Forum") in CC No.139/2009 whereby the aforesaid complaint has been allowed and respondent/OP has been directed as under:
"Keeping in view the circumstances and reasons stated above. We, pass n award in the sum of Rs.3,00,000/- i.e. sum insured minus (-) Rs.55,760/- already paid by O.P. Now complainant is awarded a sum of Rs.2,44,240/- with interest @ 6% p.a. from the date institution of the complaint till payment. We further award a sum of Rs.10,000/- towards harassment mental agony loss of time which will also include cost of litigation. Ordered accordingly."
2. Briefly the facts are that a complaint under Section 12 of the Act was filed by the appellant herein i.e. complainant before the District Forum stating that he has taken a policy bearing No.323400/31/06/01/00006297 in respect of bus bearing No.DL-1PA-4403. On 18.4.07, the aforesaid bus of appellant was set on fire by the Mob for which an FIR bearing No.279/07 was registered against the accused persons at Police Station Preet Vihar, Delhi. The said bus was taken to Meena Bazar, near MCD School for its repair on 1.5.07. The respondent/OP was also informed about the same on 3.5.07. The respondent/OP deputed a surveyor who visited the site with appellant/complainant on 3.5.07 and found certain articles missing from the bus, the details of which have been given in the complaint. The appellant/complainant also lodged a complaint with the respondent/OP. However, Rs.58,760/- was only sanctioned. The appellant accepted the same without prejudice to his rights and contentions. Thereupon for the remaining balance amount, complaint was filed before the District Forum which has been allowed as per terms stated above.
3. The complaint was contested by respondent/OP by filing written statement wherein it was stated that on the basis of survey/assessment report submitted by the surveyor and after conducting various necessary verifications pertaining to the D.L., permit etc., the Competent Authority had approved the claim for a sum of Rs.58,760/- and the same was duly intimated to the appellant/complainant and appellant was asked to give the discharge voucher. However, the appellant/complainant did not submit the same. It was alleged that respondent/OP was willing to pay the aforesaid amount after deduction of the salvage.
4. Both the parties filed evidence by way of affidavits before the District Forum.
5. During the pendency of the complaint before the District Forum, appellant/complainant had received Rs.55,760/- from respondent/OP without prejudice to his rights and contentions. After hearing the parties, Ld. District Forum held that the respondent/OP was deficient in service in not sanctioning the insured amount of R.3 lacs to the appellant/complainant and therefore, held that there is deficiency in service on their part and awarded balance amount along with interest as well as compensation towards mental agony and harassment as has been stated above.
6. Aggrieved with the aforesaid order, appellant/complainant has filed the present appeal.
7. Ld. Counsel for the appellant/complainant has contended that the only grievance of the appellant is about the rate of interest awarded by Ld. District Forum. It is contended that thereafter the District Forum has held deficiency in service on the part of respondent/OP but has awarded interest @ 6% p.a. which according to Ld. Counsel is improper and illegal.
8. We have heard the Counsel for appellant. Perusal of the material on record shows that the insurance company did not repudiate the entire claim but had approved the claim of Rs.58,760/- acting on the report of surveyor. The same was duly intimated to appellant/complainant vide letter dated 2.5.08. However, the appellant/complainant did not accept the said amount and filed a complaint before the District Forum. Throughout the respondent/OP had been willing to settle the claim on the basis of assessment made by the surveyor. In fact during the pendency of complaint, cheque amount of Rs.55,760/- was also given to appellant/complainant. The appellant/complainant has contested the complaint for award of entire insured amount of Rs.3 lacs as according to him, he had incurred huge expenses for repair on bus in question. After considering the evidence produced by way of affidavit by appellant/complainant, Ld. District Forum gave the finding that the bills produced were genuine and awarded the remaining amount of Rs.2,44,240/- also.
9. Considering the totality of facts and circumstances, we do not find that interest awarded is on lower side. Ld. District Forum has awarded 6% interest per annum from the date of institution of the complaint. With the change in economy and the policy of Reserve Bank of India, the interest rates are being lowered. The banks are awarding interest @ 7-8% on fixed deposit of one year. There is no unnecessary delay on the part of respondent/OP in settling the claim. As noted, the respondent/OP throughout had been willing to pay as per report of assessor. Further the amount of Rs.2,44,240/- with interest @ 6% p.a. is awarded from date of filing of complaint which is of the year, 2009 till payment. Interest is nothing but compensation. A separate amount of Rs.10,000/- is awarded for harassment and mental agony including cost of litigation. Keeping in view the facts and circumstances of the case, the District Forum has awarded interest @ 6% per annum.
9. No illegality is seen in the impugned order. The appeal stands dismissed in limini.
10. A copy of the order be sent to the parties as well as to Ld. District Forum for necessary information. Thereafter, file be consigned to record room.
(Justice Veena Birbal) President (Salma Noor) Member