Case nº Revision Petition No. 2874 of 2012 of National Consumer Disputes Redressal Commission, November 13, 2013 (case Rugs India (100 Percent EOU) Vs ICICI Lombard General Insurance Co.)
| Judge | For Appellant: Mr. Manoranjan Sharma, Advocate and For Respondents: Mr. Amit Tyagi, Advocate |
| President | Ajit Bharihoke, J. (Presiding Member) and Mr. Suresh Chandra, Member |
| Resolution Date | November 13, 2013 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Ajit Bharihoke, Presiding Member
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This revision petition is directed against the order of the State Commission dated 19.4.2012 whereby the State Commission accepted the appeal of the respondent/opposite party against the order of the District Forum and dismissed the complaint. Briefly put, the facts relevant for the disposal of this revision petition are that the complainant- firm obtained an insurance policy from the opposite party for period from 15.6.2005 to 14.6.2006. On 8.5.2006 fire broke in the insured premises due to which the petitioner/complainant suffered loss. Incident was intimated to the Insurance Company. A Surveyor was deputed who after conducting necessary survey and investigation assessed the loss suffered by the complainant to the tune of Rs. 30,76,654. Pursuant to the survey report the respondent/opposite party sent cheque for the even amount to the petitioner with a covering letter dated 1.9.2006, which reads thus:
We are pleased to inform you that your claim referred above has been approved for full settlement amount of Rs. 30,76,654. We are hereby enclosing the Cheque of Rs. 30,76,654 vide Cheque No. 104140 dated 29 August, 2006 drawn on ICICI Bank Ltd. We thank you for the opportunity to serve you and assured you best the services at all times.
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The complainant encashed the cheque and sent a protest letter to the respondent which reads thus:
Sir,
We have received your cheque No. 104140 of Rs. 30,76,654.00 dated 29.8.2006 towards our above said claim. We have received your cheque under protest since our claim is for Rs. 44,04,015.00. You are therefore requested to send/provide us copy of Surveyor Report along with copy of work sheet, how this amount has been arrived.
Kindly provide the above information/document under Right to Information Act, 2005 failing which we shall be compelled to take legal action under the said Act. We are enclosing herewith draft of Rs. 50.00 in the favour of ICICI Lombard General Insurance Co. Ltd. No. 084783 Dated 4.9.2006 payable at Mumbai towards fee payable to you for providing the information under the said Act.
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The respondent/opposite party failed to pay to the petitioner the difference of the claim of the petitioner to the tune of Rs. 44,04,015 and the amount of the cheque. This led to the filing of the consumer complaint by the petitioner alleging deficiency in service on the part of the opposite party.
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The opposite party resisted the claim by filing the written...
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