HARISHANKAR SUKLA Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) COMPLAINANT /Petitioner herein has filed this Revision Petition against the final judgment and order dated 20.6.2007 passed by the Orissa State Consumer Disputes Redressal Commission, Cuttack (in short, 'the State Commission') in appeal No. 513/05 whereby the State Commission partly allowed the appeal filed by the Respondent Insurance Company and modified the order of the District Forum by reducing the compensation from Rs. 8,88,706 to Rs. 6,85,280. Rest of the order of the District Forum was upheld.

(2.) RESPONDENTS , being served, entered appearance and filed their reply resisting the complaint on the grounds that the amount of Rs. 6,85,280 was offered to the Complainant on the basis of the report of the third Surveyor who submitted his report on detailed investigation; that the report of the Surveyors cannot be challenged; that the matter cannot be decided in summary jurisdiction of the Consumer Fora as voluminous evidence is to be adduced and the same be referred to the civil Court.

(3.) RESPONDENT , being aggrieved, filed the appeal which has been partly allowed by the State Commission. Relying upon the report of third Surveyor, Sanjeeb Kumar and Associates, the State Commission modified the order of the District Forum and reduced the compensation from Rs. 8,88,706 to Rs. 6,85,280 Rest of the order of the District Forum was upheld.