Haryana

StateCommission

A/328/2015

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

J.S.GLASS INDUSTRIES - Opp.Party(s)

J.P.NAHAR

05 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :            328 of 2015

Date of Institution:           09.04.2015

Date of Decision :            05.10.2015

 

The New India Assurance Company Limited, Branch, Railway Road, Opposite Civil Hospital, Bhiwani through its Branch Manager, now through its Authorized Signatory, Regional Office SCO No.36-37, Sector 17A, Chandigarh.

                                      Appellant-Opposite Party

Versus

 

M/s J.S. Glass Industries through its Proprietor Smt. Shakuntla Devi wife of Sh. Jai Singh, resident of Delhi Road, Charkhi Dadri, District Bhiwani.

                                      Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                                                                                                         

Present:               Shri J.P. Nahar, Advocate for appellant.

Shri Sumit Sangwan, Advocate for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

By filing the present appeal, The New India Assurance Company Limited – Insurance Company (appellant) has challenged the order dated November 19^th, 2014 passed by District Consumer Disputes Redressal Forum Bhiwani, (for short District Forum), whereby, complaint filed by M/s J.S. Glass Industries-complainant was accepted.  Operative part of the order is reproduced as under:-

“1.     To pay the insured amount alongwith interest @ 12% p.a. from the date of filing of complaint till its payment.

2.      To pay Rs.2200/- as cost of litigation.”

2.      Complainant purchased Standard Fire and Special Perils Policy of Rs.17,50,000/- from the Insurance Company.  On June 11^th, 2009, due to heavy rain, shed of the factory, cement sheets, stocks etc were damaged.  The complainant submitted claim with the Insurance Company but it was not settled.

3.      Learned counsel for the appellant-Insurance Company has stated that Insurance Company could not lead the evidence because it was the case of the Insurance Company right from the beginning that it was ready to settle the claim provided complainant submits the requisite documents, which the complainant never submitted. 

4.      It has been further urged that the Insurance Company be given opportunity to lead evidence before the District Forum to get the matter decided in a better manner. 

5.      Learned counsel for the respondent-complainant has fairly submitted that he has no objection if the opportunity is accorded to the Insurance Company to lead the evidence subject to the condition that complainant be also allowed to lead evidence afresh. 

6.      Since the complainant has no objection in granting opportunity to the Insurance Company to lead evidence, this Commission is of the opinion that to adjudicate the matter in a better manner it would be appropriate that parties be allowed to lead their respective evidence in support of their case to arrive at correct compensation.  Thus the appeal is accepted and the impugned order is set aside. The parties shall be entitled to lead oral evidence etc.  The case is remitted to the District Forum, Bhiwani to decide the complaint afresh. 

7.       The parties are directed to appear before the District Forum, Bhiwani on November 06^th, 2015.

8.      Copy of this order be sent to the District Forum.

 

 

Announced 05.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

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