NATIONAL INSURANCE COMPANY LIMITED Vs. MOHAMMAD MANSOOR BHAT

JUDGEMENT

(1.) The Consumer Protection Act is a social benefit - oriented legislation. It is a beneficial legislation which proposes to confer a benefit on individuals or class of persons. The beneficial legislation means a statute which is interpreted liberally and has given the widest possible meaning, which the language permits and to secure remedy to the victim who is unjustly denied of relief. A welfare legislation construes liberal approach to be adopted and purposive construction which would effectuate the object of the welfare legislation with respect to the expressions used in the statute.

(2.) Preamble declares the object with which the enactment has been proposed and what it seeks to accomplish. Preamble assumes active role in case of any ambiguity in the interpretation of a provision in the statute. PREAMBLE:

(3.) Appellant herein, has assailed the order dtd. 28/5/2018, passed by J and K State Consumer Disputes Redressal Commission at Srinagar, (for short, State Commission), in the Complaint No. 13 of 2008, titled as Mohammad Mansoor Bhat vs. Divisional Manager, National Insurance Co. Ltd., whereby the State Commission, after accepting the report of the surveyor dtd. 29/10/2002, has directed Insurance Company - Appellant to pay an amount of Rs.5,00,000.00 (Rupees Five Lakhs) along with interest @ 8% from the date of filing of complaint less by 10% depreciation. National Insurance Company - Appellant has also been directed to pay the litigation cost of Rs.25,000.00 to the respondent (complainant therein). FACTUAL BACKGROUND OF THE CASE