NCDRC

NCDRC

MA/141/2020

MAKEWELL POLYMERS PVT. LTD. - Complainant(s)

Versus

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

M/S. N.N. AGGARWAL & ASSOCIATES

02 Feb 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 141 OF 2020
 
IN
OP/433/2002
1. MAKEWELL POLYMERS PVT. LTD.
...........Appellants(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LTD. & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER
 HON'BLE MR. SUBHASH CHANDRA,MEMBER

For the Appellant :
Mr. Girdhari Arora in person
For the Respondent :
Mr. J. P. N. Shahi, Advocate

Dated : 02 Feb 2022
ORDER

JUSTICE DEEPA SHARMA, PRESIDING MEMBER

          This matter has been received back on remand from the Hon’ble Supreme court vide order dated 07.02.2020 in Civil Appeal No.796 of 2020.

2.      This Appeal before the Hon’ble Supreme Court had been filed by the Opposite Party, i.e., Oriental Insurance Company against the order dated 05.12.2019 of this Commission.  While disposing the said Civil Appeal, the Hon’ble Supreme Court directed as under:

National State Consumer Commission (in short ‘National Commission’) after giving reasons and spelling out what is due to the claimant has adjudicated and not finally determined the amount and left the order vague.  We find that the Tribunal has held as follows:

 

        “The Surveyor has also noted that out of this total stock worth ₹1,00,91,676 (Rupees One Crore and Ninety One Thousand Six Hundred Seventy Six only) stock worth ₹54,259.61 was not destroyed in the fire.  Therefore, the loss is ₹1,00,91,676 – ₹54,259.61 (Rupees Fifty Four Thousand Two Hundred Fifty Nine and Sixty One paise only) and thus the value of the stock lost by the complainant in the fire was ₹1,00,37,416 (Rupees One Crore and Thirty Seven thousand Four Hundred Sixteen only).  Out of this, a sum of ₹36,33,509/0 (Rupees Thirty Six Lakhs Thirty Three Thousand Five Hundred and Nine only) towards the loss of the stock has already been paid to the complainant by depositing the same in his Bank.”

 

In our view the National Commission should have determined the balance amount rather than leaving it vague.  We remit the matter to the National Commission only for the purpose of making the balance amount payable in terms of its order.

The Appeal is disposed of accordingly.”

3.      Accordingly we had heard the arguments of the parties and have perused the record.

4.      Meanwhile, the Complainant has also filed an application MA No.141 of 2020 seeking correction of typographical error in final order dated 05.12.2019.  The Complainant had in this application contended that he had received only a sum of ₹33,07,511/- (Rupees Thirty Three Lakhs Seven Thousand Five Hundred and Eleven only) which fact is not disputed by the Opposite Party, i.e., Oriental Insurance Company.  In view of this submission of parties and in view of recorded facts, it is clarified that the Opposite Party had paid to the Complainant a sum of ₹33,07,511/- (Rupees Thirty Three Lakhs Seven Thousand Five Hundred and Eleven only) and not ₹36,33,509/0 (Rupees Thirty Six Lakhs Thirty Three Thousand Five Hundred and Nine only) as mentioned in the order dated 05.12.2019 of this Commission.

5.      Vide its direction dated 07.02.2020, while remanding the matter back to this Commission, the Hon’ble Supreme Court had only required this Commission to specify the balance amount payable by the Opposite Party, i.e. Insurance Company to the Complainant in terms of the order of this Commission dated 05.12.2019.

6.      Following is the computation of the amount payable by the Insurance to the Complainant

7.      The total determined amount payable to the Complainant as per our order dated 05.12.2019 is ₹1,00,37,416 (Rupees One Crore and Thirty Seven thousand Four Hundred Sixteen only).  Out of this amount, the Complainant has already received a sum of ₹33,07,511/- (Rupees Thirty Three Lakhs Seven Thousand Five Hundred and Eleven only).  Thus, the balance amount payable by the Opposite Party to the Complainant is ₹67,29,905/- (Rupees Sixty Seven Lakhs Twenty Nine Thousand Nine Hundred and Five only) along with interest @ 9% p.a. from the date 25.10.2001 and litigation costs of ₹25,000/- as directed by this Commission in its order dated 05.12.2019.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER
......................
SUBHASH CHANDRA
MEMBER

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