JAGPAL SINGH Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) PRESENT appeal is directed against the order dated 07.01.2014, of learned District Consumer Disputes Redressal Forum, Sirmour at Nahan, whereby in a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by the appellant against the respondents, direction has been given to respondent No.1 to pay a sum of Rs. 1,45,496/ -, on account of insurance claim, within thirty days, from the date of receipt of copy of order, failing which to pay the said amount, with interest at the rate of 9% per annum, from the date of filing of complaint, to the date of payment of the aforesaid amount of money.

(2.) APPELLANT constructed a polyhouse, by raising loan from respondent No.2 and got the same insured, in the sum of Rs. 15.00 lacs, with respondent No.1, through respondent No.2, for the period from 28.10.2009 to 27.10.2010. Polyhouse was damaged due to storm in the months of September and October, 2010. Appellant alleged that copy of insurance policy had not been made available, either by respondent No.1, or respondent No.2, with the result that he was unaware of the terms and conditions of the policy. When polyhouse was damaged, appellant informed respondent No.1, as also the respondent No.2 and sought a sum of Rs. 2,39,549/ -, which according to him was the extent of damage caused to the polyhouse. A Jagpal Singh Versus New India Assurance Co. Ltd. and Anr. Surveyor was deputed by respondent No.1, who assessed the loss at Rs. 1,45,496/ -.

(3.) APPELLANT filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that he was entitled to a sum of Rs. 2,39,549/ -, on account of actual loss sustained by him, due to damage caused to the polyhouse and in addition he was entitled to a sum of '5.00 lacs, on account of loss of crops and also sought penal compensation to the tune of '5.00 lacs, with interest at the rate of 18% per annum. He also claimed compensation for harassment, besides seeking litigation expenses.