C.C. No.80/2023
Bipin Behari Das,
S/o. Banshidhara Das,
At- Chakradharapur,
P.O.- Paradeepgarh,
P.S.- Kujanga,
Dist.- Jagatsinghpur. ……………. Complainant
(Versus)
- Sr. Branch Manager,
New India Assurance Co. Ltd.,
-
At/P.O.- Saheed Nagar,
Rupali chhak, Near Bapu Sweet Stall,
Bhubaneswar- 751007.
- Add. Veterinary Asst. Surgeon,
At/P.O./P.S.- Kujang,
Dist.- Jagatsinghpur.…..… Opposite parties
For Complainant………..Mr. M.C. Swain, Advocate
For O.P. No.1………..Mr. R. Pati & Associates
O.P. No.2……….Ex-parte
Date of Hearing: 12.9.2024 Date of Judgment: 25.9.2024 |
ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;
“Direct the opposite party No.1 to pay insured money with interest and pay compensation towards mental agony and cost of litigation.”
Brief fact of the case is that opposite party No.1 in it’s written version has submitted that out of the assured amount of Rs.25,000/-, Rs.18,750/- has already been credited in the S.B. Account of complainant through NEFT on 17.6.2022. In spite of repeated direction the opposite party No.1 has failed to substantiate the reason for settlement on non standard basis in spite of repeated direction.
We therefore direct that when the opposite parties have failed to assign any reason for settlement of claim on non standard basis and admits the claim to be genuine, we held that such settlement is not just and proper.
We therefore direct the opposite party No.1 to pay the insured/claim amount of Rs.25,000/- minus Rs.18,750/- already paid i.e. Rs.6,250/- within 2 months from the date of passing of the order, failing which it will carry interest @ 10% after 2 months. Accordingly the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 25th Sept.,2024.
