Delhi

New Delhi

CC/1217/2010

Harlal Gupta - Complainant(s)

Versus

M/S. National Insurance Company Ltd. - Opp.Party(s)

27 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1217/10                          Dated:

In the matter of:

Harlal Gupta & Sons,

Through his A.R,

414, Chilta Gate, Chawri Bazar,

Delhi-110006,

Presently at:

B-6/104, Sector-3, Rohini,

Delhi-85

……..COMPLAINANT

       

VERSUS

 

National Insurance Co. Ltd.,

101-106, BMC House,

N-1, C.P Place, New Delhi

                                         ……. OPPOSITE PARTY

 

                                         

ORDER

President: C.K Chaturvedi

               

The Complaint is of alleging deficiency on the part of OP Ins. Co. in closing the loss by Fire claim as ‘No Claim’, despite the surveyor assuring the loss of paper stocks worth Rs.7,80,254/- on 02.07.02, giving basis for calculation & assessment of loss. There is no dispute about fire & peril policy on the date of fire in the premises of complainant at G.T Karnal Road, when complainant was trading in paper stocks. It is alleged that complainant repeatedly requested for settlement, but there was no response. The complainant approached Ins. Ombudsman, but got no relief as Ombudsman passed orders that he had no reimbursement  in this case of commercial entity. He declined in 2007. Therefore, this complaint.

The OP in its reply has not questioned anything, except taking plea of limitation, based on fact of rejection of claim by Ombudsman in 2007.

We have heard both the parties & considered the material and evidence on record. In our view, the plea of limitation is not tenable in the facts of the case.  The OP in fact never repudiating the claim till date. Till the claim is repudiated, the limitation does not start and OP is simply sitting on claim and closing it as no claim. The order of Ombudsman has not charge the position. The claim in this not time barred. There is no other plea.

In the circumstances, we hold the OP guilty of deficiency and direct OP to make payment of Rs.7,80,254/- with interest of 9% from date of surveyor report till payment. We also award punitive compensation of Rs.50,000/- for this old case of 2002-2003, and forcing litigation on complainant, without justification and we also award Rs.20,000/- for litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on ……………….

 

 

(C.K.CHATURVEDI)

                           PRESIDENT

 

 (Ritu Garodia)

MEMBER