(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This is an appeal filed by the original complainant against the order passed by the District Forum, Alibaug in Consumer Complaint No.01/2011 decided pm 08/12/2003. The forum below allowing the complaint directed to the opponent No.2 to pay `26,500/- along with interest @10% p.a. from 01/01/1997 and further directed to pay `7,000/- towards cost of proceeding and compensation to the complainant within 45 days from the date of the order. Aggrieved by this order, the original complainant filed this appeal for the enhancement of the compensation.
(2) The facts leading to this appeal can be summarized as under:
The complainant has taken loan of `2,65,000/- for the fishing boat from the opponent No.1, Union Bank of India and the said boat was mortgaged with the bank by way of security. The insurance policy for the said boat was taken from the opponent No.2, The New India Assurance Co. Ltd. On 11/06/1996, the said fishing boat had got struck on the rock somewhere on the border of Sara Village in Gujarat State. Hence, the complainant filed insurance claim with the opponent insurance company. As the insurance company repudiated the claim, the complainant issued legal notice to both the opponents on 12/09/2000. Despite the notice, the claim was not settled. In fact, the claim was repudiated by the insurance company on 20/04/2000 only. Hence, the consumer complaint was filed against the Union Bank of India as well as The New India Assurance Co.Ltd. The policy was issued in the name of the bank for securing the loan granted by the bank to the complainant. Repudiation letter was sent by the insurance company to the bank in March 1998, but as late as in 2000, the company had sent the repudiation letter. Hence, the consumer complaint was filed in the District Forum. After considering the documents placed on record, the forum below held that the opponent No.1was not liable to pay claim, it was opponent No.2 who was liable to pay insurance claim relating to the damaged boat. Relying on the survey report, the forum below agreed with the surveyor’s report that insurance cover taken by the complainant was less by 75%, as such the surveyor deducted that much amount from the toeing expensed for `26,500/- and recommended to pay an amount of 6,625/- only to the complainant. The forum below, however, directed that the complainant should be paid `26,500/- with interest @10% p.a. from 01/01/1997 and also directed to pay `7,000/- for costs and compensation. Aggrieved by the order, the original complainant filed this appeal.
(3) This appeal is lying unattended from 2004. This appeal was placed before us for first order on 28/07/2011. On finding that the appellant and respondent are absent, we directed the office to issue notice to both the parties and adjourned to 20/09/2011 i.e. today. On 16/08/2011, office sent notice to both the parties by ordinary post. Today, both the parties are absent. As such, we decided to proceed further. On the basis of the survey report of the surveyor appointed by insurance company, the order is just and proper. This was clearly a case of under insurance. The price of the fishing boat of the complainant was more than `16 lakhs and the complainant had taken insurance of the said boat for `4 lakhs only. The surveyor recommended to pay an amount of `6,625/- looking to the under insurance made by the appellant, but the forum below directed to pay an amount of `26,500/- which was simply toeing charges spent by the complainant getting the fishing boat toed from Gujarat port to Raigad. The forum below did not rely upon the bill produced by the complainant. It was bill for `3,35,000/-, it was produced on 22/10/2003 and for the first time at the stage of final hearing. The forum below allowed toeing charges to the complainant and `7,000/- towards costs and compensation. In the circumstances, we are finding that the forum below has rightly disposed off the complaint by giving toeing charges and costs & compensation. There is no need to take different view in the matter. The receipt produced by the complainant in respect of repairing charges is rightly brushed aside by the forum below by citing good reasoning. In the circumstances, we are inclined to dismiss the appeal filed by the original complainant for enhancement. We find the appeal is devoid of any substance and hence holding accordingly, we pass the following order:-
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 20th September, 2011.
