For the Petitioner : Mr. S.M. Tripathi, Advocate For the Respondent No.1 : In PersonFor the Respondent No.2 : N E M O

 Dated, the 6th day of October, 2010

ORDER

Aggrieved by the order dated 17.03.10 passed by the UT Chandigarh Consumer Disputes Redressal Commission, Chandigarh (in short, ‘the State Commission’) in Appeal No. 132/09, the appellant insurance company has filed the present appeal. In appeal, the State Commission has set aside the order of the District Forum and has allowed the appeal with the following directions/stipulations:- ..2. “ In this view of the matter and our above discussion, we allow this appeal and consequently, the impugned order is set aside. In the result, complaint filed by the complainant is allowed and he is held entitled to the claimed amount of US$10,929.77 as per prevailing rate of Indian currency on the date of deposit before the concerned District Forum or payment through demand draft to the complainant. It is further directed that if the aforesaid amount is not paid within a month from the date of receipt of copy of this order, the complainant shall also be entitled for interest on the above said amount @ 9% p.a. from the date of receipt of copy of this order and till actual realization.” 2. Notice on the petition was issued to the respondent/ complainant on the limited question as to whether in the facts and circumstances of the case the exchange rate for conversion of US dollar into Indian Rupees will be applicable from the date of deposit of the amount before the District Forum or from the date of cause of action when the complainant/insured fell ill and became entitled to the expenses incurred by him in connection with his treatment. In response to the same, the respondent/complainant has appeared in person. 3. We have heard Mr. S.M. Tripathi, learned counsel for the petitioner insurance company and respondent no.1 in person and ..3.. have considered their respective submissions. Mr. Sulakhan Singh, complainant submits that the interest on the amount payable to him should have been allowed by the State Commission from the date of cause of action. On the other hand, learned counsel for the petitioner insurance company submits that the complainant is not entitled for interest from any other date then w.e.f the date of the order. We would have agreed with the submission of Mr. S.M. Tripathi, learned counsel for the insurance company had the insurance company settled the legitimate claim of the respondent/complainant promptly or within a reasonable time from the date when the complainant became entitled to the amount which has not happened in the present case. The insurance company was liable to pay the insurance claim in the Indian Rupees as per the prevalent conversion exchange rate from US dollar to rupees as on the date of accident or within one or two months thereafter but in the case in hand, the claim was not settled and was rather repudiated on unjustifiable ground. The State Commission in these circumstances while allowing the claim should have ordinarily allowed interest on the payable amount at least from the date of complaint which was filed before the District Forum in 2008. It appears to us that while making the stipulation of payment of ..4.. the amount as per the prevalent rate of exchange in Indian Currency on the date of deposit before the District Forum and awarding interest from the date of order passed by the State Commission, the State Commission must have taken into consideration all these aspects and that is why instead of awarding interest from the date of either the incidence or the complaint, has made the interest payable from the date of its order. Looking from any angle the payable amount would come almost the same. In these circumstances, we would not like to interfere with the impugned order and direct the petitioner insurance company to comply with the same within a period of four weeks from today failing which the rate of interest shall stand enhanced to 12% p.a. from the date of the order of the State Commission. The revision petition stand disposed of accordingly. No order as to costs.