NCDRC

NCDRC

RP/3189/2010

ORIENTAL INSURANCE CO. LTD. & ORS. - Complainant(s)

Versus

M/S. BABA KNITS - Opp.Party(s)

MR. MOHAN BABU AGARWAL

25 Oct 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3189 OF 2010
 
(Against the Order dated 30/06/2010 in Appeal No. 1590/2005 of the State Commission Punjab)
1. ORIENTAL INSURANCE CO. LTD. & ORS.
Through its Regional Manager, Gyakhana Pub. & Bazar Bar, Sector - 7
Chandigarh
2. DR. KULDEEP ROY, DIVISIONAL MANAGER
Divisional Officer-II, Oriental Insurance Co. Limited. Millar Ganj
Ludhiana
Punjab
3. ORIENTAL INSURANCE COMPANY LTD.
Through its Branch Manager, D.B.O. IV Miller Ganj, G.T. Road, Vishawakarma Chowk
Ludhiana
Punjab
...........Petitioner(s)
Versus 
1. M/S. BABA KNITS
Mandi Kesar Ganj
Ludhiana
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. MOHAN BABU AGARWAL
For the Respondent :NEMO

Dated : 25 Oct 2010
ORDER

Heard counsel for the petitioner. 

The complaint was dismissed by the District Forum.  The State Commission has partly allowed the claim based upon the report of the surveyor dated 30.6.2001.  The insurance policy was valid from 25.6.2001 to 24.6.2002 and according to the complainant the goods were damaged on account of heavy rains on 30.6.2001.  The case of the petitioner/opposite party – insurance company, on the other hand, was that the loss had already occurred due to heavy rains on 22.6.2001 i.e. prior to taking of insurance policy and the policy was obtained by suppressing the material details and misrepresentation/fraud.  The State Commission has disbelieved the said version of the petitioner – insurance company.  It is rather surprising that the insurance company has appointed Dr. Satnam Singh, Investigator who inspected the premises on 26.3.2002, i.e., after about 9 months of the incidence in question.  Where was the scope to appoint investigator after submission of the survey report by the surveyor who has inspected the site on 30.6.2001.  The State Commission has very rightly accepted the report of the surveyor and reduces the evaluation of the damaged goods by 25% and also further deducted the sale proceed on account of damaged goods/salvage value to the tune of Rs.66,080/-.  Taking the same into consideration, the State Commission has awarded a sum of Rs.2,03,000/- with 6% interest from the date of repudiation i.e. 30.9.2002 till the date of payment as also cost of Rs.5000/-.  We do not find that any case has been made out for interference in the order of State Commission.  The revision is, hereby dismissed with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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