SATYA ATRI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BRIEFLY stated this complaint has been filed on 8.5.2003 by the complainant with the allegations that his insured house was gutted in fire on 5.3.2002. The house was insured for an amount of Rs. 22.00 lacs with the O.P. complainant raised the claim. O.P. deputed Surveyor who assessed the loss at Rs. 9,32,380.00. Surveyor submitted the report in the month of December, 2002 thereafter the amount was not released in favour of the complainant on one or the other pretext. OPs case is that they demanded certain more documents and it is admitted that those documents also were filed. Case of the complainant is that they sent a letter on 8.4.2003 to the complainant to receive the said amount. But the complainant did not turn up. The complainant s case is that when the amount was not released complainant filed the complaint and it is after filing of the complaint, opposite party sent ante dated letter on 8th April, 2003 which was received by complainant on 15.5.2003. Assessed amount stands to have been received by the complainant on 25.5.2003. Complainant prays for interest and compensation to be given to him for the deficiency of service and mental agony for not releasing the amount immediately after it was assessed by the Surveyor.

(2.) HEARD learned Counsel for the parties. Simple point is involved that the assessed amount is admitted and that has also been released but the point of discard is that O.P. wrote a letter on April 2003 to the complainant to receive the amount has been disputed by the complainant to be ante dated. After rerceiving this letter dated 8.3.2003, complainant has immediately written a letter to the O.P. a copy of which is on the record stating therein that the letter of O.P. is ante dated. It has been received by the complainant on 15.5.2003. It was incumbent on the O.P. to produce the receipt of courier service through which he claims to have sent this letter. That would have clinched this issue and that receipt would have clearly shown the date on which this letter was despatched. O.P. has not done that. But on the other circumstantial evidence is apparently clear that the letter is ante dated. It is so because the O.P. has despatched the cheque on 20.5.2003. Had they written the letter on 8.4.2003, then they would have deposited the cheque within a week s time but the cheque has been deposited after 20.5.2003 and moreover the application of complainant shows that he received the ante dated letter on 15.5.2003 i.e., after 1 month and 8 days which is not possible to have taken such a long time to reach the place which is hardly 2 kms from the respondent company. We think that the mischief has been committed by the O.P. So we allow the complaint, grant the interest @ 7% 2 months after the suvey report till final payment is made. Rs. 3,000/ - as compensation and Rs. 2,000/ - as litigation charges are also allowed. The whole amount be paid within a period of six weeks.