Rajasthan

StateCommission

CC/152/2017

M/s Narayani Oil industries - Complainant(s)

Versus

The Oriental Insurance Company Ltd. Through C.M.D. - Opp.Party(s)

Ajay Tantiaya

23 Jul 2019

ORDER

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

 

COMPLAINT CASE NO: 152/2017

 

M/s. Narayani Oil Industries, F 92 A/93 A, Kherda Industrial Area, Sawaimadhopur.

Vs.

The Oriental Insurance Co. Ltd., 2^nd floor, Anand Bhawan, Sansar Chander Road, Jaipur & ors.

 

Date of Order 23.7.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Meena Mehta-Member

 

Mr. A.R.Tantia counsel for the complainant

Mr.G.B.Srivastava counsel for the non-applicants

 

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

The complaint is filed on 7.12.2017 with the contention

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that complainant's Tanker No. MP 06 HC 0592 is insured with the non-applicant. On 11.4.2015 it was accidented. Claim was submited and surveyor was appointed. He assessed the loss at Rs. 21,27,399/- but inspite of various communications amount has not been released. Hence, present complaint has been filed.

 

The contention of the non-applicant is that amount of Rs. 15,05,615/- is released on 18.12.2017. The complainant has accepted the amount as full and final settlement. Hence, the complaint is not maintainable.

 

Both the parties entered into evidence. Heard the counsel for the parties and perused the record of the case.

 

There is no dispute about the fact that amount of Rs.15,05,615/- has been released to the complainant on 18.12.2017 and it was deposited in the account of the complainant on 21.12.2017.

 

The contention of the non-applicant is that when amount has been accepted without protest the claim is not

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maintainable. The facts of the case goes to show that complaint has been filed on 7.12.2017 and thereafter amount has been released. Hence, maintainability of the complaint could not be agitated.

 

The counsel for the non-applicant has relied upon II (2019) CPJ 51 (NC) K.N.Resourses Pvt.Ltd. Vs. Oriental Insurance Co., IV (2012) CPJ 810 (NC) New India Assurance Co. Vs. Laxmi International Exports, II (2013) CPJ 178 (NC) Yogesh Kumar Sharma Vs. National Insurance Co. , 2015 NCJ 8 (NC) Vatika Ltd. Vs. K.L.Kaul but facts of the case clearly shows that incident is of April 2015 and till December 2017 the amount has not been released and complainant was forced to give consent and he submitted Anx. N 20 on 27.12.2017 with the contention that he was forced to accept sub-standard claim.

 

As per surveyor report Anx. 4 the assessment of loss was assessed as Rs. 21,27,399/- and no reason has been disclosed by the non-applicant for deciding the claim on non-standard basis. Hence, this practice is deprecatory and amounts to unfair trade practice.

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The complainant has relied upon I (2018) CPJ 405 (NC) Vidhata Cable Co. Vs. New India Assurance Co. where the National Commission has held that within 30 days on receipt of survey report the claim should have been settled and balance amount was allowed.

 

In view of above, the complaint deserves to be allowed. The complainant is entitled to get Rs. 21,27,399/- minus Rs. 15,05,615/- ( already paid) = Rs. 6,21,784/- with 9% interest from the date of submission of the claim. He is further entitled to get 9% interest on the paid amount i.e. Rs. 15,05,615/- from the date of submission of claim till 21.12.2017. The complainant is also entitled for Rs.50,000/- as cost of proceedings payable within two months otherwise it will carry 9% interest from the date of this order.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

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