04-01-2016 - Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgment passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose –vs- M. Aby & ors.

2. Inspite of fixing this case for passing ex-parte order, nobody appears on behalf of the Appellant.

3. This appeal has been filed along with a petition for condoning the delay of about 59 days in filing appeal.

4. The case of the Complainant in short was as follows. His vehicle in question met with an accident on 05.12.2012 during the insurance cover, about which the police and O.P. -1 – Appellant (Insurance Company for short) and O.P. -2 – R -2 were informed. The Insurance Company got the survey done by a surveyor. Due to non-payment of the amount, the Complainant had to get the vehicle repaired by arranging money. He furnished all the documents with the Insurance Company, but it refused to pay the amount on 05.07.2014.

5. The Insurance Company filed written statement before the learned District Consumer Forum mainly contending that the Complainant committed breach of the terms of the insurance and, therefore, he was not entitled to any claim.
6. The Complainant filed several documents and got himself as examined witness.

7. The Insurance Company could not show that there was breach of terms and conditions of insurance. Even the surveyor report was not filed. In the circumstances, the learned District Forum directed the Insurance Company to pay Rs. 4,76,248/- after deducting 20 %  from the claimed amount, along with Rs. 10,000/- as litigation cost i.e. total 4,86,248/- within 60 days of the order, failing which the Insurance Company was made liable to pay interest @ 12 % per annum from 05.07.2014.
8. Thus it is clear that the Insurance Company could not prove it’s case that the Complainant committed breach of terms of the insurance policy. It appears that survey was got done by the Insurance Company but for the reasons best known, the Insurance Company did not file the surveyor’s report. In the circumstances, learned District Consumer Forum has rightly passed the order under appeal.

9. In the circumstances, even if the delay of 59 days in filing this appeal is ignored, no grounds are made out for interference with the impugned order. Accordingly, this appeal is dismissed.

Issue free copy of this order to all concerned for information and needful.

Ranchi

Dated:- 04-01-2016