ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

In National Lok Adalat dated 14.9.2024

Appeal No.1233 of 2007

The New India Insurance Co. Ltd.                      …Appellant.

Versus

M/s Dawakhana Tibbiya Collage                     …Respondent.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Sri Zafar Aziz, Advocate for the appellant.

None for the respondent.

Date:    14.9.2024

ORDER

The appeal taken up in National Lok Adalat. Ld. Counsel for the appellant Sri Zafar Aziz is present. No one is present for the respondent.

The present appeal is pending since last more than 17 years arising out of the impugned judgment and order dated 7.2.2006 passed by the Ld. District Consumer Commission, Aligarh in  complaint case no.175 of 2003.

The fact reveals that the complainant got insured his shop with the opposite party/insurance company, the appellant. During the insured period, fire took place and a claim was made by the complainant before the insurance  company claiming that the complainant has suffered a loss of about Rs.15,000.00. The appellant insurance company has not accepted the claim, as such, has accepted the surveyor’s report and accordingly made the payment of Rs.5,094.00. 

The impugned judgment of the ld. District Consumer Commission states that the report of the surveyor dated 6.1.2003 is not acceptable, therefore, the ld. District Consumer Commission has directed for reinvestigation.

I have heard Sri Zafar Aziz, ld. counsel for the appellant insurance company. The ld. counsel submits that in case of fire, the surveyor cannot reinvestigate the claim by making a fresh survey, that too, after a gap of about 3 years from the

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date of incident as directed by the ld. District Consumer Commission. He has, however, submitted that the ld. District Consumer Commission, after adjudicating the proceedings directed for resurvey, which is illegal.

In the instant appeal which is pending since last 17 years, no one is appearing on behalf of the respondent/ complainant. The appeal was heard on at least 20 dates earlier and on the previous date one member of the bench did not participate in the proceedings, therefore, today’s date has been fixed. Therefore, the appeal is listed before me in the ‘National Lok Adalat’ proceedings.

Having heard the ld. counsel for the appellant and after consideration of the material available on record, in my opinion in the interest of justice, the appeal is allowed in part and the appellant insurance company is directed to pay a sum of Rs.8,000.00 (Rs. Eight Thousand) to the respondent/ complainant. Any amount already paid will be deducted from the payable amount and the appellant insurance company will pay the balance amount within a period of 6 weeks from today.

Accordingly, the appeal is finally disposed of.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this order be provided to the parties in accordance with rules.

                                           (Justice Ashok Kumar)                                                     

                                                      President

Jafri PA-I

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