| Final Order / Judgement | MR. PRABODHA KUMAR DASH, PRESIDENT:- The Complaint has been filed by the Complainant for directing the Oriental Insurance Company Ltd.(the insurer) to pay Rs. 1,62,000/-(One Lakh Sixty Two thousand) only with interest 13% per annum, and other consequential damages for mental torture and harassment, cost of litigation and other relief which may deem fit and proper for deficiency in service by Opp. Party. The facts, as stated in the complaint petition and emerged from the documents attached with the complaint as follows:- - Rosna Begum(Complainant) established a pickles manufacturing unit for livelihood to maintain herself by availing loan from SBI Kendrapara. The said unit insured with Oriental Insurance Company Ltd.(Op), unfortunately the said unit set fire and loss caused to insured, intimated to the insurer, surveyor assessed the damaged pickles and ultimately settled claim to an extent of Rs. 1,62,000/- ( as per letter dt. 24/08/2011). The same assessed amount by Op. party issued a cheque bearing No. 414379 dt. 28.03.2011 drawn from Oriental Bank of Commerce OSL Tower, Orisa Stevedores Building, Cuttack from their Bank Account No. 08681091000012. When the husband of Complainant proceed to bank for encashment of cheque, he faced a road accident and the cheque was lost. When the cheque was found it was in damaged condition and the date was also expired. Complainant approached the Op for issuance of an another cheque instead of the damaged cheque several times physically and by Regd. Post to send the cheque again after proper verification and any indemnity bond, but Op repeatedly refused to issue a fresh cheque. From the averments of complaint petition and the copy filed by Complainant which crystal clear without iota of doubt that, several representation with postal receipt also filed. No steps had been taken to redress the grievance as of Complainant.
- The Insurance Company could have been issued another cheque within stipulated period by accepting indemnity bond from the complainant but failed to do so is clearly a deficiency of service on part of a Public Institution.
- In Suresh Kumar Vs Manager, State Bank of Bikanars and Jaipur Branch AF, Suratgarh, Shri Gaya Nagaur & others in RP No. 2357 of 2006, Ratio decided by Honbl’e NCDRC, New Delhi. It was the insurance company, who failed to provide appropriate service to the Complainant, she would be entitled not only to refund the cheque amount, but also interest, thereon from the date of issue of cheque till the payment of cheque amount of Rs. 1,62,000/- is made and also for the mental agony and cost of litigation.
- Theory of unjust enrichment is well applicable to the case in hand. Un just enrichment as a benefit to the loss of another or the retention of money or property of another against the fundamental principle of justice or equity and good conscience. The Op kept the monies since 2011 and therefore liable to pay principal with interest and other as applicable as per law.
- Restitution is the theory for enforcement of unjust enrichment which recompensate for injury or loss suffered by complainant due to insufficient service of Insurance Company.
O R D E R The Op. Party is directed to pay a sum of Rs. 1,62,000/- along with interest@ 12% P.A from 28.03.2011, and Rs. 10,000/- for mental agony already undergone, litigation cost Rs. 5,000/-, within 45 days from receive of this order. If the Op. party not pay within stipulated period, the interest shall be compounding at interest @18% P.A. keeping in mind Op prolonged in action to redress the grievances. In view of aforesaid discussion and reason the C.C.Case is allowed. There shall be no order as to cost. Issue extract of the order to the parties for compliance. Pronounced in the open Court, this the 26th day of May,2022. I, agree. Sd/- Sd/- MEMBER PRESIDENT | |
