No. 11/22.04.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Shankar Mukhopadhyay, the Ld. Advocate and Respondent through Mr. P. Banerjee, the Ld. Advocate are present.  Appellant files WNA.  It appears that the claim in respect of the insurance coverage with regard to the damage to the vehicle concerned was filed long back in the year 2005 and after waiting for two years the Complainant had to approach Forum below for redress.  We have perused the impugned order.  It appears that Complainant had been directed to produce documents as per requisition sent by the O.P.  We are of the opinion that the Complainant can be at liberty to file documents but cannot be directed to produce documents particularly in view of the contention of the Ld. Advocate Mr. Mukherjee for the Complainant that no further document is available to the Complainant.  For in any event keeping the matter pending without settling the claim or repudiating the claim has not been appreciated by the Hon’ble National Commission as also Apex Court.  In the circumstances we modify the order which has been impugned herein directing the Insurance Co. to decide the claim finally within two months from the date and the Complainant is granted liberty to file any document, if so advised, within 10 days from the date of this order.  The Insurance Company is directed to communicate to the Complainant immediately after decision is taken.  As we are of the opinion that the delay in disposal of the claim for such a long time amounted to the deficiency of service, Insurance Company is directed to pay a compensation of Rs. 10,000/- to the Complainant within a period of 30 days from the date of this order and in default Complainant is entitled to recover the said amount from the Insurance Company with further interest @ 9% per annum for the period of default.