NCDRC

NCDRC

EA/962/2023

BARMALT MALTING INDIA PRIVATE LIMITED - Complainant(s)

Versus

NATIONAL INSURANCE COMPANY LIMITED - Opp.Party(s)

PRIMUS LAW ASSOCIATES

27 May 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
EXECUTION APPLICATION NO. 962 OF 2023
IN
CC/553/2018
1. BARMALT MALTING INDIA PRIVATE LIMITED
REGISTERED OFFICE 503 ARADHANA APARTMENTS R K PURAM SECTOR 13 NEW DELHI THROUGH ITS AUTHORIZED SIGNATORY MR ANIL K JAIN
CENTRAL
DELHI
...........Appellants(s)
Versus 
1. NATIONAL INSURANCE COMPANY LIMITED
HEAD OFFICE 3 MIDDLETON STREET KOLKATA THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR
KOLKATA
WEST BENGAL
2. NATIONAL INSURANCE COMPANY LIMITED
DIVISION NO XVI PANKAJ HOUSE 2ND FLOOR 13 COMMUNITY CENTRE NEW FRIENDS COLONY NEW DELHI THROUGH ITS SR DIVISIONAL MANAGER
CENTRAL
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE DR. SADHNA SHANKER,MEMBER

FOR THE APPELLANT :

Dated : 27 May 2024
ORDER

For the Complainants                   Mr. Dileep Poolakkot, Mohd Siddick

                                                And Mr. Shivam Sai, Advocates

 

For the Opposite Party                 Ms. Shantha Raman, Advocate

                                                (Through VC)                     

 

ORDER

 

IA No.6061 of 2024

1.     The present I.A. no. 6061 of 2024 has been filed by the Judgement Debtor, National Insurance Company Ltd., seeking direction in order dated 20.09.2023 passed by this Hon’ble Commission in C.C. No. 553 of 2018 to specify the date from when the interest is payable.

2.     Heard the learned counsel for the parties on IA No. 6061 of 2024. The prayers of the Judgement Debtor are that:

The order does not specify the date from when the interest is payable by the opposite party (Judgement Debtor herein) to the complainant (Decree Holder Herein). Therefore, the Judgement Debtor is unable to comply with the judgement. Hence, the present application seeking direction of this Hon’ble Commission to specify the date from when the interest is payable.

3.     I have gone through the application.

4.      The order date 20.09.2023 allows the complainant claim to the extent of Rs.81,43,936/- as assessed by the surveyor and the claim amount shall be paid to the complainant by the opposite party with interest @ 6% per annum.

5.      From the record it is evident that the opposite party appointed M/s Cunningham Lindsey International, Insurance Surveyors & Loss  Assessors, to assess the loss and the surveyors visited the plant on 15.05.2014 and submitted their report on 18.05.2014. The surveyor submitted its final surveyor's report dated 19.12.2014, assessing the net loss at Rs. 81,43,936/-.

6.      In light of the aforementioned facts and the documents available on record, there are errors apparent on the face of record which needs to be corrected. Application therefore stands allowed with the following directions.

(i)     The claim of the complainant is allowed to the extent of Rs.81,43,936/- as assessed by the Surveyor.

(ii)     The claim amount shall be paid to the complainant by the opposite party with interest @ 6% per annum from 15.05.2014 till 20.09.2023.

(iii)    This order shall be complied with within 2 months of this order failing which the rate of interest will be 9% p.a.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
.............................................
DR. SADHNA SHANKER
MEMBER

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