State Consumer Disputes Redressal Commission
New India Assurance Co.Ltd. vs Mr.Vikas Govind Sutar on 26 September, 2008
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.1020 OF 2007 Date of filing : 14/08/2007 IN CONSUMER COMPLAINT NO.49/2006 Date of order : 26/09/2008 DISTRICT CONSUMER FORUM : RAIGAD MISC.APPLICATION NOS.1365 & 1366/2007 New India Assurance Co.Ltd. Jeevan Seva Building, 2nd floor S.V.Road, Santacruz (W) Mumbai 400 054 Appellant/org.O.P. V/s. Mr.Vikas Govind Sutar At Post Taloshi, Mahad Taluka-Mahad, District Raigad Respondent/org.complainant Corum: Mr.P.N.Kashalkar, Honble Presiding Judicial Member Mr.S.R.Khanzode, Honble Judicial Member
Smt.S.P.Lale, Honble Member Present:
Mr.K.C.Sanil -Advocate for the Appellant.
Mr.Sandip Gurav-Advocate for the respondent.
: ORAL ORDER:
Per Mr.S.R.Khanzode, Honble Judicial Member There is delay of 18 days in filing the appeal. Therefore misc.application no.1365/2007 is filed for condonation of delay. Delay is neither deliberate nor intentional. We are, therefore, inclined to condone the delay. Misc.application for condonation of delay is allowed. Admitted. Respondent waives notice. Heard forthwith with the consent of the parties.
2. This appeal is directed against the judgement and award dated 11/6/2007 passed in consumer complaint no.49/2006 Mr.Vikas Govind Sutar v/s. Branch Manager, New India Assurance Co.Ltd. and given by District Consumer Forum, Raigad.
3. Respondent/org.complainant Vikas Govind Sutar runs his Vishwakarma Aluminium and Hardware business at Mahad. The goods and his shop were insured with the appellant(org.O.P.no.1). In the floods of 25th and 26th July, 2005, the goods kept at the shop were damaged and for which insurance claim was made. Ld. District Consumer Forum by impugned award was pleased to award the same in toto and feeling aggrieved thereby, this appeal is preferred.
4. Heard Mr.K.C.Sanil-Advocate for the appellant and Mr.Sandip Gurav-Advocate for the respondent.
5. Main defence taken by the appellant is that shop of respondent/org. complainant at Mahad, where goods were damaged were not at all insured or covered under the policy. Looking to the insurance policy, the surveyors report, we find such defence is devoid of any substance and we fully support the reasoning on this count of the Ld. District Consumer Forum.
6. As far as award of compensation is concerned, grievance made by the appellant /Insurance Co. appears to be genuine. Ld. District Consumer Forum while awarding compensation for damage of goods at Rs.1,20,000/- appears to have taken into consideration a panchanama carried out by Tahsildar. It also mentioned that said panchanama does not bear any date, whether it relates to the goods in question as related to the actual damage caused by the floods of July 2005 is doubtful. Apart from that there is an approved surveyor Mr.D.N.Chavans report on record. He is a person who could scientifically assess the damage caused to the goods. He is an independent person. Unless contrary is shown, his assessment needs to be accepted. In the instant case, we find no reason not to accept his assessment of loss and consequential amount of Rs.21,540/- payable under the policy. Therefore, impugned award needs to be interfered to this extent. Similarly to award interest on the cost is not proper. Taking into consideration, all these aspects, we pass following order:-
ORDER
1.
Misc.application no.1365/07 for condonation of delay is allowed.
2. Appeal is partly allowed. Impugned award is modified.
3. Appellant/org.opponent shall pay Rs.21,540/- to respondent/org. complainant Mr.Vikas Govind Sutar along with interest @ 9% p.a. till its realization.
4. Appellant/org.O.P. shall pay Rs.5000/- as cost instead of Rs.10,000/- mentioned in clause no.(b) of the operative order of the impugned award.
5. Respondent/org.complainant Mr.Vikas Govind Sutar shall bear its own cost.
6. Misc.application no.1366/2007 for stay stands disposed of, as infractuous.
7. Copies of the order be furnished to the parties.
(S.P.Lale) (S.R.Khanzode) (P.N.Kashalkar) Member Judicial Member Presiding Judicial Member Ms.