National Consumer Disputes Redressal
Amit Shipmanagement Pvt. Ltd. vs National Insurance Company Ltd. & Ors. on 17 March, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 10 OF 2009 1. AMIT SHIPMANAGEMENT PVT. LTD. Though Its Director Capt.Harsh Wahi 408, Veena Chambers Clive Road Mumbai - 400 009 Maharashtra ...........Complainant(s) Versus 1. NATIONAL INSURANCE COMPANY LTD. & ORS. Through its.Chamaber Cum Managing Director. Head office 3, Middleton Street P.o. Box.No. 9229 Kolkata - 700071 West Bengal 2. THE NATIONAL INSURANCE CO. LTD. Through The Manager Mumbai Regional office -I Royal Assurance Building 12, Jamshedji Tata Road Opp. Ritz Hotal Churchgate Mumbai -400020 3. THE NATIONAL INSURNCE CO. LTD. Through The Manager Division 6, Maket Bhavan No.1,Sir Vithaldas Thakersey Marg Churchgate Mumbai 4. TRANS OCEAN MARINE AND GERENAL SURVEY AGENCIES . 712, 7TH Floor, Vindhiya Commercial Complex Plot.No. 1, Sector. 11, C.B.D. Belapur Navi Mumbai -400614 ...........Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER HON'BLE MR. DR. B.C. GUPTA, MEMBER
For the Complainant : Mr. Rajshekhar Rao, Advocate Mr. Sameer Dawar, Advocate For the Opp.Party : Mr. Rahul Narichania, Sr. Advocate with Mr. Sandeep Sreekumar, Advocate Dated : 17 Mar 2015 ORDER
After arguments, as far as the adjudication of the claim on merits is concerned, the learned counsel for the complainant seeks to withdraw the complaint with liberty to approach the concerned Civil Court for redressal of the grievances of the complainant Company. However, as far as the delay in taking a decision on the claim is concerned, the learned counsel for the complainant insists upon payment of an appropriate compensation to the complainant Company on account of the said delay.
It is an admitted position before us that on receiving the information of loss, the Insurance Company appointed a surveyor namely M/s. Trans Ocean Marine and General Survey Agencies, who submitted their final report to the Insurance Company on 04.10.2007. However, the Insurance Company did not take a decision on the claim lodged by the complainant Company within a reasonable period thereafter. This complaint came to be filed on 10.01.2009, more than 1 year and 3 months after the final report was submitted by the aforesaid surveyor. The claim came to be repudiated by the Insurance Company only vide letter dated 06.10.2009, issued about two years after receipt of the final report of the surveyor. The time lag of two years between submission of the final report of the surveyor and the repudiation of the claim cannot be justified in the facts and circumstances of this case.
We are of the view that in the facts of the case before us, the decision on the basis of the report of the surveyor should have been taken by the Insurance Company at best within a period of three months from the receipt of the report. Had that been done, the complainant would have either approached this Commission or a Civil Court immediately thereafter and would not have waited till January, 2009. Therefore, this is a fit case where the Insurance Company needs to suitably compensate the complainant for the delay in taking the decision on the claim lodged by it, since in our opinion an unreasonable delay in taking an appropriate decision on the claim by itself constitutes deficiency in rendering services on the part of an Insurance Company.
For the reasons stated hereinabove, we direct the opposite party no. 1, The National Insurance Co. Ltd. to pay a sum of Rs. 1 lakh as compensation to the complainant Company for the delay committed by it in taking a decision on the claim lodged by the complainant Company. The said payment shall be made within four weeks from today, failing which it shall carry interest at the rate of 12% per annum w.e.f. the date of filing of this complaint. We also grant liberty to the complainant Company to approach the concerned Civil Court for redressal of its grievance as far as the merits of the claim are concerned. It shall also be open to the complainant Company to seek benefit of the provisions contained in Section 14 of the Limitation Act, if such a benefit is otherwise admissible to it in law.
The consumer complaint stands disposed of.
......................J V.K. JAIN PRESIDING MEMBER ...................... DR. B.C. GUPTA MEMBER