F.A. No. 202 of 2013. Case: United India Insurance Co. Ltd. Vs Haji N.V. Bava. Tamil Nadu State Consumer Disputes Redressal Commission

Case NumberF.A. No. 202 of 2013
CounselFor Appellant: M.B. Gopalan, Advocate and For Respondents: Party-in-Person
JudgesR. Regupathi, J. (President), J. Jayaram, Member (J) and P. Bakiyavathi, Member
IssueConsumer Law
CitationIII (2014) CPJ 247
Judgement DateJuly 09, 2014
CourtTamil Nadu State Consumer Disputes Redressal Commission


J. Jayaram, Member (J)

  1. This appeal is filed by the opposite party against the order of the District Consumer Disputes Redressal Forum, Chengalpattu in C.C.39/2005, dated 15.6.2011, allowing the complaint. The case of the complainant is that he owned a car bearing Registration No. TN-21 Q5319 which was damaged in the natural disaster Tsunami on 26.12.2004. He had taken a comprehensive Insurance Policy from the opposite party. The opposite party/insurer paid only Rs. 1,48,398 against the estimated repair charges of Rs. 2,84,425 and thus, only part of the claim was sanctioned by the opposite party which amounts to unfair trade practice and deficiency in service on the part of the opposite party, and hence the complaint.

  2. According to the opposite party, the complainant received the amount of Rs. 1,48,398 in full and final settlement and hence the complainant is not entitled to any further relief from the opposite party, and there is no unfair trade practice or deficiency in service on their part.

  3. The District Forum considered the rival contentions and allowed the complaint holding that there is deficiency in service on the part of the opposite party and directing the opposite party to pay a further sum of Rs. 1 lac with interest at the rate of 9 % p.a. from the date of the complaint till the date of realization. Aggrieved by the impugned order, the opposite party has preferred this appeal.

  4. Admittedly, the Chennai Ford has insured invoice for Rs. 2,84,425 for repairing the car, as shown in Ex. A2; but the Surveyor has assessed the loss at Rs. 1,49,951.40 and so based on the survey report, the opposite party has sanctioned a sum of Rs. 1,48,398. Though it is contended by the opposite party that the complainant has received the amount in full and final settlement and hence he is not entitled to any further claim. On...

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