Delhi

New Delhi

CC/791/2012

Instapower Ltd. - Complainant(s)

Versus

M/S. The New India Assurance Company Ltd. - Opp.Party(s)

24 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/791/12                                      Dated:

In the matter of:

Instapower Limited.,

S-19, Panch Shila Park,

New Delhi-110017

 

……..COMPLAINANT

       

VERSUS

The New India Assurance Company Ltd.,

Divisional Office: Gulab Bhawan (Rear Block),

6, Bahadur Shah Zafar Marg,

New Delhi-110002

 

                                         ……. OPPOSITE PARTY

 

 

 

ORDER

President: C.K Chaturvedi

               

The Complainant Company has a policy of Rs.1 Crore against fire natural calamities for its factory, in Uttrakhand, w.e.f 18.09.08 to 17.08.09. There was a massive storm in the area on 19.05.09, which caused lot of damage there. The Complainant Company probably informed the OP same day and a surveyor visited the site on 24.05.09. The complainant presented a claim of Rs.4,86,000/- against the insurance of 1 crore. It is alleged that on 13.05.09, surveyor by a secret report, assessed the loss of Rs.42,541/- The OP demanded more documents from Complainant Company, which were submitted on 13.01.11, as sought by surveyor. In survey report of 13.05.10, made available to Complainant, it admitted circumstances of mishap and admissible claim, while the correspondence was going between the surveyor, OP and Complainant, the OP closed the claim as “No Claim” in Sept. 2009 without 5 months of claim, without even waiting for surveyor report.

The Ld. Counsel for complainant has highlighted this as highly arbitrary action of OP, which is against the specific guidelines of IRDA against closing of cases on goods of delay in submitting documents.

Without going into the merits of claim, which is yet to be processed by OP, as it has closed it as “No Claim”, in the pre-emptory manner, we hold OP guilty to this extent of deficiency and direct OP to process the claim on merits within 90 days of the receipt of this order. We award compensation of Rs.50,000/- for this deficiency of closing the case and litigation expenses of Rs.25,000/-.

The Complainant will have fresh cause of action, if claim is repudiated illegally or on wrongful basis.

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 24.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER