Sri Shyamal Gupta, Member

In this Appeal, the Order dated 06-03-2019, passed by the Ld. District Commission, Unit-I (North) in EA/169/2018 is disputed by Md. Salam Khan, the de facto decree-holder of the aforesaid Execution Case.

The grievance articulated by the Appellant in this Appeal is that the Ld. District Commission, without properly evaluating the documents, simply on the basis of averment of the Respondent Insurance Company considered the same as gospel truth and made up its mind which has resulted in miscarriage of justice.  Therefore, he preferred this statutory Appeal u/s 15 of the Consumer Protection Act, 1986.

The counter case of the Respondent is that, based on the assessment of the Surveyor, they settled Appellant’s claim long ago.  Thus, they prayed for dismissing the instant Appeal.

Apart from hearing both sides, I have perused the documents on record very carefully.

It appears from the documents furnished on behalf of the Respondent Insurer that it paid a sum of Rs. 1,20,000/- to the Appellant in the year 2012.  It is the usual practice of Insurance Companies to obtain discharge voucher from the Insuree before settlement of a claim.  There is no reason to believe that the Respondent Insurer settled the subject claim without obtaining this vital piece of document from the Appellant.  However, no such document is forthcoming before me.

Also, in case the Surveyor indeed furnished his ‘Final Survey Report’ to the Insurance Company, as claimed by them, there was no valid reason for the  Respondent Insurer to keep it under its sleeve. 

Whenever a Court of Law is seized of a matter, in the interest of natural justice, it is expected that both sides of the spectrum would place on record all the relevant documents to enable the Court of Law derive at a judicious decision in respect of the dispute being referred before it.      

It is very disappointing to see that the Respondent Insurer has not approached this Commission with clean hands.  Therefore, I am tempted to ask the Respondent Insurer settle the subject claim by paying the entire amount as claimed by the Appellant after deducting the sum of Rs. 1,20,000/- which has already been paid as advance.

Based on the above findings, I allow this Appeal and set aside the impugned order.

Parties to appear before the Ld. District Commission on 12.03.2021 for payment.