NCDRC

NCDRC

RP/1175/2013

M/S. COMFORT TECHNOLOGIES - Complainant(s)

Versus

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

MR. UDAY GUPTA & MR. RAJESH GARG

28 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1175 OF 2013
 
(Against the Order dated 06/02/2013 in Appeal No. 362/2012 of the State Commission Chandigarh)
WITH
IA/2127/2013
1. M/S. COMFORT TECHNOLOGIES
THROUGH ITS PROP VIKAS DEEP, S/O SH.SATISH KUMAR, PLOT NO-93 INDUSTRIAL AREA, PHASE-II,
CHANDIGARH
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LTD.
DIVISIONAL OFFICE NO-II,SCO NO-48-49,SECTOR-17-A
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr.Rajesh Garg and Ms.Nimrata Shergill, Advocate
For the Respondent :
Mr.Manish Pratap Singh, Advocate

Dated : 28 Oct 2013
ORDER

This revision petition is directed against order dated 6.2.2013 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh in F.A. No.362/2012.

               On an analysis of the material placed on record by the parties, the State Commission has set aside the order passed by the District Forum with the following direction :

For the reasons recorded above, the appeal is disposed of with no order as to costs. The order of the District Forum is set aside, with a direction to the complainant to supply all the requisite documents to the Opposite Party within 30 days from the date of receipt of a copy of the order for processing the claim, as per the terms and conditions of the Insurance Policy. Similarly, the Opposite Party shall direct its surveyor to re-assess the loss, on the basis of the documents so supplied by the complainant, as per the terms and conditions of the Insurance Policy, within a reasonable period of two months, from the date of the submission of the same.

 

               Learned counsel appearing for the complainant submits that though the State Commission has returned all findings in favour of the complainant, yet it has remanded the case back for re-assessment by the surveyor.  Learned counsel submits that in the absence of any material brought on record by the insurance company, the compensation prayed for by the complaint, should have been awarded by the State Commission.

               We are unable to persuade ourselves to agree with the submission made by the learned counsel.  The State Commission has given elaborate reasons for remitting the case back to the surveyor for re-assessment of loss with a direction to him to take into consideration all the material documents.  We do not find any illegality or material irregularity in the impugned direction, warranting interference by this Commission.

               Revision petition is dismissed accordingly.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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