NCDRC

NCDRC

RP/3069/2009

M/S. AGARWAL TIMBER & BAANS CO. - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

MR. B.S. SAI

16 Sep 2009

ORDER

Date of Filing: 18 Aug 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3069/2009
(Against the Order dated 27/04/2009 in Appeal No. 742/2006 of the State Commission Madhya Pradesh)
1. M/S. AGARWAL TIMBER & BAANS CO.s/o. Late Shri. Balkishan Dass. M.P. Business. Resident Of Near Kailash Tokeez. Satna M.P ...........Appellant(s)

Vs.
1. ORIENTAL INSURANCE CO. LTD.Laxmi Market Udhav ji Building . Near Circuit House Chowk. Satna M.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. B.S. SAI
For the Respondent :NEMO

Dated : 16 Sep 2009
ORDER

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           Delay of 8 days in filing the revision petition is condoned.

          Complainant/petitioner M/s Agarwal Timber & Baans Company insured its stock for a sum of Rs.5,55,000/- with the respondent insurance company for the period from 26.3.2003 to 25.3.2004.  On account of flood on intervening night of 8-9.9.2003, the timber was washed away as also the electric motor.  Complainant informed the respondent about the loss who appointed a Surveyor.  The Surveyor

-2-

assessed the net loss at Rs.1,27,781/-.  Respondent sent a Discharge Voucher proposing to pay sum of Rs.1,24,595/-.  Petitioner being dissatisfied filed a complaint before the District Forum.

          District Forum vide its order dated 24.3.2006 awarded a sum of Rs.1,27,781/- towards the loss of timber on account of flood against the insurance policy. 

Dissatisfied with the order passed by the District Forum, petitioner filed an appeal before the State Commission which has been partly allowed.  Another sum of Rs.50,000/- on ad-hoc basis, had been awarded to the petitioner.

The insurance company has not filed any revision petition.  We have gone through the report of the Surveyor and find that the Surveyor has rightly assessed the net loss to be Rs.1,27,781/- in terms of the policy.  No merit.  Dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER