Sri Venkateswara Syndicate vs Oriental Insurance Co. Ltd. & Anr on 24 August, 2009
16. It is also pertinent to note that the Complaint was filed before the State Commission on 04.08.2006, whereas the Report of M/s J.B. Boda Surveyors Pvt. Ltd., dated 23.03.2009 was filed before the State Commission only after the Complainant had requested for it, on 15.12.2011. This act of the Insurance Company in filing the Survey Report after 5 and half years of filing of the Complaint is deprecated. We find no illegality in the observation made by the State Commission that the report of M/s J.B. Boda Surveyors Pvt. Ltd. is based on assumptions and technicalities and does not reflect the factual loss. At this juncture, we find it a fit case to place reliance on the Judgement of the Supreme Court in Sri Venkateswara Syndicate Vs. Oriental Insurance Company Ltd. & Anr. (2009) 8 SCC 507 in which the Hon'ble Apex Court has deprecated the stand of the Insurance Company in appointing one Surveyor after the other without given specific cogent and satisfactory reasons. Even in the instant case the Preliminary Survey was done on 30.10.2005 and thereafter an Investigator was appointed and still thereafter M/s J.B. Boda Surveyors Pvt. Ltd., was appointed whose report is dated 23.03.2009 and at the cost of repetition the same was filed before the State Commission only on 15.12.2011, five and half years after the Complainant has filed the Complaint. This is contrary to Regulation 9 of IRDA which stipulates that the Surveyor has to file its Report within 30 days from his appointment.