Rajasthan

StateCommission

A/419/2015

Dharmveer Mittial s/o Lat. Bihari Lal Mitial - Complainant(s)

Versus

Tata Aia Life Ins. Co. Ltd. - Opp.Party(s)

Deepak Sarawagi

03 Nov 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 419/2015

 

Dharamveer Mittal s/o Late Sh.Biharilal Mittal r/o 1-C-10 Chander Shekhar Azad Nagar, Bhilwara Rajasthan

 

Vs.

 

TATA AIA Life Insurance Company Ltd. Regd.Office 14^th floor, Tower A, Peninsula Park, Senapati Bapat Marg, Lower Parel, Mumbai & ors.

 

 

Date of Order 3.11.2015

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.Deepak Sarawagi counsel for the appellant

Mr. Prashant Mantri counsel for respondents

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been preferred against the order dated 11.3.2014 of the District Consumer Forum, Bhilwara for enhancement of the compensation and award of interest on unpaid money.

 

The contention of the appellant is that Rs.1590/- has been unnecessarily retained by the respondents but the court below has not awarded any interest on the same and a meagre amount of Rs.1410/- has been awarded as mental loss, sufferings and cost of proceedings. Hence, the award should be enhanced reasonably.

 

Per contra the contention of the respondent is that there is no deficiency in the award and no interference is needed.

 

It is admitted that the court below has held that Rs.1590/- has been unnecessarily retained by the respondents. Hence, the appellant is entitled for interest on the same from the date of retention i.e. 9.6.2014 to the date of payment of award at the rate of 7% p.a. It is the award of meagre amount according to

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which for mental pain and agony and for cost of proceedings an amount of Rs. 1410/- has been awarded which is just equivalent to the money retained. Hence, no enhancement is needed.

 

In view of the above, the appeal is disposed of with above terms. One month's time is given for compliance of the order.

 

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

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