NEW INDIA ASSURANCE CO. LTD. Vs. ASHOK SANCHETI

JUDGEMENT

(1.) THIS is an appeal filed by the Insurance Company against the judgment and award passed by District Consumer Forum, South Mumbai in consumer complaint No.195/2006 decided on 18.9.2008. By the said judgment and award, District Consumer Forum partly allowed the complaint and directed the O.P./Insurance Company to pay the balance amount of Rs.1,90,646 to the complainant and also directed to pay Rs.25,000 as compensation for mental hardships and stress and Rs.10,000 towards cost to the complainant. As such, org. opponent has filed this appeal.

(2.) THE facts to the extent material may be stated as under:

(3.) IN response to the notice, opponent filed written version. Complaint is hit by the commercial purpose. It pleaded that the complainant cannot be said to be a consumer since he had taken policy for his business. The Insurance Company also pleaded that the complainant had not approached the District Consumer Forum with clean hands because he had suppressed the legal notice issued by his Advocate as well as reply given to the said notice by the Insurance Company. Opponent pleaded that it was not legally bound to give compensation as per the recommendation made by the Surveyor in his report. According to the opponent, complainant accepted Rs.5,64,354 without any coercion, fraud, by way of full and final settlement and therefore, complainant is estopped from challenging the settlement between the respondent and the Insurance Company. Opponent pleaded that by way of an afterthought they had filed consumer complaint for getting remaining amount of Rs.1,90,646 which was difference of amount recommended by the Surveyor and the actual amount received by the complainant. Opponent further pleaded that they were justified in part repudiation of the claim because under the caption of Book Keeping, the insured was required to maintain stock of each and every items, but he had not maintained stock register on daily basis and therefore, Insurance Company tried to justify the repudiation of the amount recommended by the Surveyor to the complainant.