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First Appeal No. 846 of 2011. Case: United India Insurance Co. Ltd. Vs Smt. Neema J. Shah. Maharashtra State Consumer Disputes Redressal Commission

Judgment Cited in Precedent Map Related
Case NumberFirst Appeal No. 846 of 2011
CounselFor Appellant: Mr. A.S. Vidyarthi, Adv. and For Respondents: Mr. S.N. Chataule, Adv.
JudgesS.R. Khanzode, Presiding Member and Dhanraj Khamatkar, Member
IssueConsumer Law
Judgement DateThursday January 03, 2013
CourtMaharashtra State Consumer Disputes Redressal Commission

Order:

S.R. Khanzode, Presiding Member

  1. Heard both parties. This appeal takes an exception to an order dated 03.08.2011 passed in Consumer Complaint No. 459/2006 (Smt. Neema J. Shah V/s. United India Insurance Co. Ltd.), by the District Consumer Disputes Redressal Forum, South Mumbai ('the Forum' in short). The Forum partly allowing the consumer complaint which pertains to indemnify the complainant for the repairs required to be undertaken due to the damage to the vehicle due to flood. The Forum believed the Surveyor for the loss to the extent of Rs. 3,05,000/- and awarded the same as compensation along with interest and costs. It is submitted at Bar that the complainant did not prefer any appeal and acquiesced with the impugned order.

  2. Only contention of the Insurance Company is that while carrying out the repairs because of delay in carrying out the repairs the Honda Company had given concession of Rs. 1,34,000/- and the insurance company sanctioned the claim deducting this amount from the Surveyor's assessment and that they were willing to pay to the Complainant the same. The loss due to flood since the Car submerged into the flood water, is not in dispute. The car enjoyed the insurance cover for the said period to the extent of Rs. 12,00,000/-. This fact is not in dispute. Accordingly after giving adjustment of Rs. 1,34,000/- which is the concession given by the Honda Company, and amount of Rs. 1,71,000/- was sanctioned to the Complainant. The Forum ignored all these aspects but proceeded to assume that besides the damage by flood, the Complainant might...

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