NCDRC

NCDRC

RP/2602/2011

HIRAMANI JAISWAL - Complainant(s)

Versus

THE ORIENTAL INSURANCE CO. LTD. & ORS. - Opp.Party(s)

MR. VIPIN KUMAR

12 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2602 OF 2011
 
(Against the Order dated 08/03/2011 in Appeal No. 2074/2009 of the State Commission Madhya Pradesh)
1. HIRAMANI JAISWAL
S/o Shri Samaylal Jaiswal, R/o Viallage & Post-Jhara, Police Station Sarai, Tehsil- Dersar
Sidhi
M.P
...........Petitioner(s)
Versus 
1. THE ORIENTAL INSURANCE CO. LTD. & ORS.
Through the Branch Manager, Hotel Maharaja Compound, N.H.7 , Rewa
Rewa
M.P
2. Assitant Director,
Veterninary Health Service, Sidhi
Sidhi
M.P
3. Assitant Director,
Veterninary Health Service, Sidhi
Sidhi
M.P
4. The Manager, union Bank of India
Branch Jhara, tehsil Devsar
Sidhi
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. VIPIN KUMAR
For the Respondent :NEMO

Dated : 12 Sep 2011
ORDER

Delay of 34 days in filing the revision petition is condoned.

          Petitioner/complainant’s buffalo which was insured with the respondent died.  Claim lodged by the petitioner for a sum of Rs.11,200/- was repudiated by the respondent, aggrieved against which the petitioner filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay sum of Rs.11,200/- to the respondent within 30 days together

 

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with interest @ 8% p.a. from 29.07.2007 till the date of payment.  Rs.2,000/- were as awarded by way of compensation and Rs.1,000/- as costs.

          Respondent insurance company had accepted the order of the District Forum.

          Petitioner being not satisfied filed the appeal before the State Commission claiming interest on the awarded amount w.e.f. the date of filing of the complaint till realization.

          The State Commission dismissed the appeal by observing that the petitioner could not be awarded interest from the date of filing of the complaint as the complaint which had been dismissed for non-prosecution was got revived after lapse of two years.  The State Commission upheld the order of the District Forum and held that the petitioner was entitled to the interest only from July, 2007.

          We find no infirmity in the order passed by the State Commission.  The complaint was dismissed for non-prosecution and the petitioner got it revived after the lapse of two years.  Under the circumstances, the petitioner was not entitled to get interest from the

 

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date of filing of the complaint but only from the date of restoration of the complaint.  Revision petition is dismissed. 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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