NCDRC

NCDRC

RP/2332/2006

M/S N.L. ALUMINIUM AND PUBLIC STANDARD STEEL - Complainant(s)

Versus

THE NEW INDIA ASSURANCE CO. - Opp.Party(s)

MR. R.SANTHANA KRISHNAN

08 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2332 OF 2006
 
(Against the Order dated 02/08/2006 in Appeal No. 1319/2004 of the State Commission Andhra Pradesh)
1. M/S N.L. ALUMINIUM AND PUBLIC STANDARD STEEL
PROPRIETOR: MOHD. GHOUSE,
PREMISES SHOP NO. 22/6-116/A, MASJID KHADER,
YARKAHAN PATTARGHATTI
...........Petitioner(s)
Versus 
1. THE NEW INDIA ASSURANCE CO.
BRANCH MANAGER 202,IIND FLOOR , MOGHAL COURT S BASHEERBAGH,
HYDERBAD
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Praveen Kumar Pandey, Advocate for
Mr. R. Santhan Krishnan, Advocate
For the Respondent :
Mr. Shravan Kumar, Sr. Advocate with
Mr. B.P. Yadav, Advocate

Dated : 08 Feb 2011
ORDER

Heard counsel for the parties.  Counsel for the petitioner has submitted before us that the insurance company had not produced any report of the surveyor before the fora below and that the damages were assessed by the Police at Rs.2.65 lakhs and the same was estimated by the Fire Brigade at Rs.2.25 lakhs.  However, the District Forum had awarded a sum of Rs.1,65,000/-, out of which Rs.45,900/- had already been paid and the balance of Rs.1,20,000/- was ordered to be paid with cost of Rs.2000/-.  According to the learned counsel for the petitioner, the claim of the petitioner was for a sum of Rs.3,90,000/-.  He has also pointed out that the appeals filed by both the parties were dismissed and order of the District Forum was maintained by the State Commission.  He, therefore, contends that the fora below have not taken into consideration the report of the Police as also fire brigade in coming to the conclusion that the complainant was entitled to Rs.1,65,000/-.

          On the other hand, counsel for the respondent supports the orders passed by the fora below.

The complainant had, in fact, filed insurance claim of Rs.3,90,000/-.  The order of the State Commission shows that the damage as assessed by the owner of the premises was about Rs.2.25 lakhs which was noted in Fire Service Certificate, Annex.P3.  In fact, the final report filed by the Police u/s 173 Cr.P.C., Annex.P2 shows that the total damage to the property was to the tune of Rs.1,65,000/-. The District Forum had also relied upon estimate of Private Electrical Works where damage was assessed as Rs.1,67,500/- (Ex.10).  After taking into consideration the entire material on record, the State Commission and  District Forum, in our opinion,  have rightly awarded the sum of Rs.1,65,900/-, which in our opinion is just, fair and equitable and does not call for interference in the concurrent findings of two fora below as we do not find any jurisdictional error, illegality or material irregularity in the orders of the fora below.  The revision is, accordingly, dismissed with no order as to costs.        

        

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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