State Consumer Disputes Redressal Commission
Hem Raj Mittal vs Oriental Insurance Co. Ltd on 23 July, 2007
IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI (Constituted under section 9 clause (b) of the Consumer Protection Act, 1986) Date of decision: 23.07.2007 Appeal No.07/330 (Arising from the order dated 24.01.2007 passed by District Forum(Central) Kashmere Gate, Delhi in Complaint Case No.566/2004) Sh. Hem Raj Mittal .. Appellant. C.P. 147, Ground Floor, Pitam Pura, Delhi. Versus Oriental Insurance Co. Ltd. Respondent. A-25/27, Asaf Ali Road, New Delhi. ALSO AT K-37, Chaudhary Building, Connaught Place, New Delhi. CORAM: Justice J.D. Kapoor, ... President Ms. Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D. Kapoor, President(ORAL)
1. Limited grievance of the appellant against the impugned order dated 24.01.2007, whereby the respondent Insurance Company has been directed to pay the insurance amount of Rs.1,90,000/- besides Rs.5,000/- as compensation and cost of litigation with the condition that the appellant shall return the salvage also, is that the District Forum has not taken into consideration the contention of the appellant that the salvage was returned to the respondent with the ignition keys and the District Forum has not ascertained the value of the salvage and therefore the respondent-Company is likely to calculate the amount at its whim and caprice.
2. We have perused the impugned order and find force in the contentions being raised by the appellant before us as to whether the salvage was returned or not and if not what should be the reasonable value of the salvage. This aspect has not been addressed by the District Forum
3. In the result we allow the appeal at the outset, set the impugned order and remand the matter to the District Forum for deciding it afresh after dealing with the aforesaid contentions and claims of the appellant.
4. The appellant shall appear before District Forum on 20.08.2007 for the aforesaid purpose.
5. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
6. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
Announced today on 23rd day of July 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member Tri