First Appeal No. A/98/2008, (Arisen out of Order Dated 09/12/2007 in Case No. CC/105/2006 of District Samastipur). Case: Branch Manager, New India Assurance Company Ltd., Samastipur Vs Anil Kumar Mahto.

Case Number:First Appeal No. A/98/2008, (Arisen out of Order Dated 09/12/2007 in Case No. CC/105/2006 of District Samastipur)
Party Name:Branch Manager, New India Assurance Company Ltd., Samastipur Vs Anil Kumar Mahto
Judges:Mr. Subhash Chandra Jha President and Mrs. Renu Sinha Member
Issue:Consumer Law
Judgement Date:May 16, 2011

Order:

S.C. Jha, President

  1. This appeal has been directed against the order dated 09-12-2007 signed on 20-12-2007 passed by the learned District Consumer Disputes Redressal Forum, Samastipur (hereinafter to be referred to as District Forum) in Consumer Complaint No. 105/2006 whereby and whereunder the complaint of the respondent-Anil Kumar Mahto has been allowed and the appellant No.1, i.e., Branch Manager, New India Assurance Company Ltd. has been held deficient in providing service and as such, the appellant has been directed to pay Rs. One lac with interest @ 12.5% from August,2004 to December,2007 total to the tune of Rs. 42,707/- along with Rs. 5000/- as compensation and Rs. 1000/- for litigation cost respectively, total Rs. 1,48,707/- within 30 days from the date of passing of the order. Besides, the Insurance Company was further directed to realize on the principal amount from the complainant sans any interest and at the same time the complainant was directed to deposit the required amount after receipt of the same from the Insurance Company in the Bank. In case of failure of compliance on the part of the appellant within stipulated time, interest to be realized @ 12.5% per annum on the awarded amount of Rs. 1,48,707/- till realization.

  2. The complaint as filed by the respondent, Anil Kumar Mahto, in short, is that he was running a grocery shop for which there was insurance cover granted by the appellant for Rs. One lac and loan was also granted by O.P.No.2-Branch Manager, Central Bank of India, Bhirha, P.S. Rosra, District- Samastipur. The amount of premium was being paid for the year 2003-04 and 2004-05 but on account of devastating flood, the articles kept in the shop were washed away on 15-07-2004 as such, he sustained loss of Rs. One lac. Information was given to the Banker and Insurance Company but all in vain although surveyor appointed by the Insurance Company visited the spot. Efforts taken by the complainant also did not materialize in payment of any compensation rather his claim was denied by the appellant. So, a claim of Rs. One lac by way of loss sustained by the complainant and Rs. 10,000/- for compensation was brought in the complaint.

  3. The claim was repudiated by the appellant-Insurance Company, who was O.P.No.1 there by filing their written statement denying the claim on the ground of its maintainability. It was averred that the policy concerned was in force from 27-07-2004 to 26-07-2005 whereas the loss...

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