NCDRC

NCDRC

RP/2136/2006

MURIGEPPA KASHAPPA NARA - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

MR. GIRISH ANANTHAMURTHY

26 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2136 OF 2006
(Against the Order dated 14/06/2006 in Appeal No. 888/2006 of the State Commission Karnataka)
1. MURIGEPPA KASHAPPA NARAM/S V.P.NARA 197/D WARD NO, 10 KALADAI ROAD BAGALKOT - ...........Petitioner(s)
Versus
1. UNITED INDIA INSURANCE CO. LTD.TPNO 66 C , WARD NO 10 MILLIGERI COMPLEX OPP TO FORT , BAGALKOT 587101 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :NEMO
For the Respondent :MR. K.L. NANDWANI

Dated : 26 Aug 2010
ORDER

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Complainant/petitioner is a registered partnership firm doing business in cotton seeds, oil seeds and other food grains on commission basis.  Its customers, who are agriculturists, keep their food grains in the shop of the complainant.  Complainant/petitioner insured the materials in the shop of the insurance company.  On

 

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18.04.1997, a fire broke out in the shop and the food grains were destroyed.  According to the petitioner, it suffered a loss at Rs.2,22,270.22 paise.  Petitioner lodged a claim with the respondent which repudiated the same arbitrarily on 10.9.2003 after a delay of nearly six years.  Aggrieved by this, petitioner filed a complaint before the District Forum.  In the complaint, petitioner claimed Rs.71,503.61 paise towards the loss instead of Rs.2,22,270.22 paise due to mistake.

          District Forum vide its order dated 28.02.2006 allowed the complaint and directed the respondent to pay a sum of             Rs.71,503.61 paise along with interest @ 6% p.a. w.e.f. 19.4.1999 till the date of payment.  Rs.10,000/- were granted by way of compensation and Rs.5,000/- as litigation expenses.

          Respondent accepted the order of District Forum and did not file any appeal.  Petitioner preferred an appeal before the State Commission seeking enhancement of compensation from Rs.71,503.61 paise to Rs.2,22,270.22 paise pleading that he had claimed the sum of Rs.71,503.61 paise by mistake instead of Rs.2,22,270.22 paise.  The State Commission did not accept the plea

 

 

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of the petitioner and dismissed the appeal.  Being aggrieved, complainant/petitioner has filed the present Revision Petition.

          The revision petition was admitted on a limited point.  The notice was limited to the period, for which the interest was to be awarded to the petitioner. 

          Counsel for the petitioner contends that the fire took place on 18.04.1997 and the petitioner lodged the claim immediately thereafter; that the respondent repudiated the claim on 10.9.2003 after more than six years without any justification; that the fora below have not given any reasons for awarding the interest from a date later than the date of the incident.

We find substance in this submission.  The fora below have not given any reason as to why it was awarding interest from 19.04.1999 and not from the date of the incident.  In all reasonableness, petitioner should have been awarded interest after two months of the date of the incident. 

 

 

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          Accordingly, we modify the order of the fora below to the extent that the respondent would be liable to pay the interest @ 6% p.a. w.e.f. 01.07.1997 instead of 19.4.1999. 

          Revision Petition is partly allowed to the extent indicated above.

          Respondent is directed to pay the amount within two months from today.



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER