State Consumer Disputes Redressal Commission
Ramawtar Agarwal vs Oriental Insurance Co. Ltd. on 12 December, 2007
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 12.12.2007 Appeal No. A-07/824 (Arising out of Order dated 17-09-2007 passed by the District Consumer Forum(New Delhi) Barracks, Kasturba Gandhi Marg, New Delhi in Case No.802/02) Mr. Ramawtar Agarwal Appellant S/o Sh. Jagdish Prasad Agarwal, Through R/o 1/589, Vidyadhar Nagar, Mr. J.P. Sharma, Jaipur(Rajasthan)-302023. Advocate Versus The Oriental Insurance Co. Ltd. Respondent Through Its Divisional Manager, D.O. 10, 15-16, Sindhiya House, 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. The limited grievance of the appellant against the impugned order dated 17.09.2007 whereby the District Forum had directed the respondent to pay Rs. 1,83,503/- against the insurance policy of the bus covering risk of theft and damage due to accident and Rs. 23,130/- as compensation for the deficiency in service and Rs.5,000/- as cost of litigation is that the District Forum has not taken into account the amount of Rs. 32,486/- towards the expenses incurred on the replacement of the TV and VCR
2. We have perused the impugned order and find that the District Forum has observed that the appellant is not entitled to this amount as he has not claimed this amount in the complaint. In view of the contention of the counsel for the appellant that the loss arising out of the damage of the TV and VCR was also claimed in the complaint and moreover, the surveyor also in his report specifically mentioned that these items were replaced as these were found damaged, we allow the appeal and set aside the impugned order and send the matter back to the District Forum for the limited grievance of deciding whether the appellant has filed any claim of Rs. 32,486/- or not keeping in view the pleadings of the parties as well as the report of the surveyor. So far as the dissatisfaction of the appellant with the amount of compensation of Rs. 30,000/- is concerned, we do not find any merit in the appeal as the compensation is awarded as to the loss or injury suffered by the consumer due to the wrongful rejection of the claim if any. Compensation by way of interest is awardable only if there are equitable grounds as in such type of contracts there is no such term between the parties as to the liability of the insurer to pay interest in respect of damages to the vehicle by way of accidents or even loss by way of theft. It is the discretion of the District Forum to award either the interest keeping in view of the facts of the case or the amount of compensation as provided by Section 14(1)(d) of the Consumer Protection Act which provides as under :
To pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party.
[Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit;]
4. Parties shall appear before the District Forum on 22.01.2008.
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.
7. Announced on 12th day of December, 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member ysc