(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 02/08/2011, this matter was taken from sine-die list and placed before us for disposal. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 02/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 23/09/2011 to both the parties. Accordingly, on 16/08/2011, office issued notices to the parties. On 23/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are disposing the matter on perusal of the order and documents on record. The complainant had filed consumer complaint No.206/97 against The New India Assurance Co.ltd. for claiming `1,48,739/- towards the cost of materials to get the basement godown walls and floor repaired and also towards the cost of the stock destroyed by the flood water that had taken place on 01/08/1995. The claim was investigated by the surveyor. The surveyor opined that amount to the extent of `54,991/- could be granted to the complainant. However, the insurance company did not make that payment nor sent repudiation letter. Therefore, the complainant filed consumer complaint before the District Forum South Mumbai. The said complaint was resisted by the insurance company. The opponent contended that the insurance policy was for the period from 28/02/1995 to 27/02/1996 for the sum of `40 lacks. The policy was for stock for production, soaps and other allied products stored in the insured premises. There was heavy rain on 01/08/1995 in Mumbai. The godown of the complainant situated at Plot No.9, MIDC, Andheri was flooded and that the said flood water entered in the premises of the complainant and he sustained loss. He referred the loss to the insurance company for lodging claim. The surveyor assessed damage to the extent of `31,456/-to the building and `22,935/- in respect of the loss to the stock. The insurance company had not paid the said amount. Therefore, the complainant filed consumer complaint. The forum ultimately allowed the complaint and directed insurance company to pay a sum of `53,041/- after deducting the amount of `1,350/- towards salvage. The insurance company is also directed to pay `500/- towards cost of the complaint. Aggrieved by the order, the insurance company filed this appeal. Today, both the parties are absent, when the matter was called. The order allowing the complaint in terms of surveyor’s report is just and correct. The district forum has rightly passed the order by allowing a reimbursement of sum `53,041/- and accordingly directed insurance company to pay the said amount to the complainant. The Forum below has further directed to the insurance company to pay an interest @12% p.a. on the said amount from the date of order till its realisation. We are of the opinion that the order passed by the forum below is just and proper and is sustainable in law. Hence, the order.
ORDER
1) Appeal stands dismissed.
2) No order as to costs.
3) Inform the parties accordingly.
Pronounced on 23rd September, 2011.
