No. 3/08.04.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. S. N. Dutta, the Ld. Advocate and Respondents through Mr. Barun Prasad, the Ld. Advocate are present.

This appeal is by the Insurer against the judgement and order dated 27.08.2010 passed by the District Forum, Kolkata, Unit – II thereby allowing the claim case by directing O.P. No. 4 to pay to the Complainant the claimed amount of Rs.2,91,550/- along with interest of Rs.34,986/- within one month from the date of receipt of certified copy of the delivered order, failing which the entire amount will carry interest @ 8% p.a from the date of filing of complaint till realization.  It is not in dispute that in terms of the Insurance Policy the Complainant would be entitled to refund of the excess premium paid that was assessed and paid on the basis of capacity of cold storage and not on the basis of the goods stored in the cold storage.  After expiry of the period for which the goods were stored in the cold storage, the Complainant demanded refund of the aforesaid amount of Rs.2,91,550/- as being the excess premium paid on the basis of full storage capacity along with necessary documents to support such refund.  The Appellant – Insurance Company did not refund the said excess premium paid by the Complainant only on the plea that approval from the competent higher authority of the Appellant – Insurance Company had not been received by the Appellant.  Hence the complaint case.

It has been clearly found by the Forum below that the amount so claimed by the Complainant by way of refund of the excess premium paid on full storage capacity has not at all been disputed by the Appellant.  It, therefore, becomes evident that the Complainant had not been refunded with the said amount only because the higher/appropriate authority had by then not approved the said refund claim.  No reason has also been disclosed for non-approval of the same in any event.  We are, therefore, of the view that approval by the appropriate/higher authority was being unnecessarily delayed for an inordinate period for which the Complainant should not be allowed to suffer.  We, therefore, do not find any illegality and/or infirmity in the impugned order allowing the complaint case thereby directing the O.P. No. 4 to refund to the Complainant the aforesaid amount as being the excess premium paid on the basis of full storage capacity along with interest accrued thereon.  The impugned judgement and order therefore, cannot be interfered with on any ground whatsoever.  The order of the Forum below is thus affirmed.  The appeal is accordingly dismissed.