HITESH M SALERKA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Heard Mr. Sunil Mund, Advocate, for the appellant and Mr. Ajay Singh, Advocate, for respondent-1, through video conferencing.

(2.) This appeal has been filed against the order of State Consumer Disputes Redressal Commission, Maharashtra, at Mumbai, dated 30.01.2015, passed in Complaint Case No. 57/2013, whereby the complaint, for insurance claim, has been dismissed.

(3.) Hitesh M. Selarka, Proprietor of M/s. Hitesh Jewellers (the appellant) filed Complaint Case No. 86 of 2011, on 29.03.2011, for directing The Oriental Insurance Co. Ltd. (respondent-1) to reinstate the loss of gold of 3.480650 Kg or its value on the date of judgment under Insurance Policy No. 112101/48/2008/1237, (its value was assessed to Rs. 42 lakhs, for the purposes of pecuniary jurisdiction), interest at the rate of 18% per annum from the date of loss till its payment, Rs.2 lakhs, for mental and physical harassment, Rs. 1.5 lakh as cost of litigation, Rs.1 lakh, against opposite party-2, or any other relief which may deem fit in the circumstances of the case. The complaint was dismissed as time barred by order dated 16.06.2011. The appellant filed First Appeal No. 518 of 2011, from the aforesaid order, which was allowed by this Commission, by order dated 21.01.2013 and it was held that there was no delay in filing the complaint, as limitation would start from the date of repudiation of the claim on 01.09.2010. The matter was remanded to State Commission for deciding the complaint on merit. On remand, the case was registered as Complaint Case No. 57/2013.