UNITED INDIA INSURANCE CO. LTD. Vs. MEDIALOGIC

JUDGEMENT

(1.) This appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') challenges the order dtd. 5/4/2019 of the State Disputes Redressal Commission, Gujarat, Ahmedabad (in short, the 'State Commission') in Complaint No. 71 of 2016 allowing the appeal and directing the appellant/insurance company to pay Rs.23,02,415.00 with 9% interest from the date of complaint till realization, with Rs.10,000.00 for mental harassment and Rs.5,000.00 towards costs within two months.

(2.) There is a delay of 140 days in the filing of the appeal. In view of the fact that it took 366 days for obtaining the certified copy and the fact that the Hon'ble Supreme Court in Suo Moto Writ Petition No. 3 of 2020 dtd. 10/1/2022 has excluded the period from 15/3/2020 to 28/2/2022 for the purposes of limitation under the Act, the delay is condoned.

(3.) Briefly put, the relevant facts of the case are that the respondent had obtained a Standard Fire and Special Perils Policy (No. 180800/11/12/11/002028) (in short, the 'Policy') from the appellant in respect of its premises located at Bungalow No. 41, Basement, Ground First and Second Floors, SK Park Society, Umra, Nr. Chchhanath, Surat for a sum of Rs.65,00,000.00 comprising Rs.25,00,000.00 for various printing machineries and Rs.40,00,000.00for Stock and Stock in Trade of all kinds for the period 18/2/2013 to 17/2/2014. Due to torrential rains during 22/25/9.2013, the rain water inundated the premises of the insured and damaged the machinery and stock on site. The appellant was intimated on 27/9/2013 who appointed a Surveyor to assess the loss. The Surveyor visited the site on 27/9/2013 and also thereafter from 28/9/2013 to 10/10/2013. The appellant contends that the respondent failed to provide the documents asked for by the appellant despite several reminders and therefore the claim was recommended to be closed as 'no claim' on 25/3/2015. Respondent filed CC 17/16 before the State Commission claiming Rs.23,02,415.00 with interest @ 18% p.a. from 21/12/2103 till realization along with Rs.1.00 lakh for compensation for mental harassment and agony. Appellant submits that the complaint could not be contested since the notice received by it was mishandled by an officer at its Divisional Office, which matter is under investigation. As the appellant could not contest the case, the State Commission allowed the complaint and directed it to pay Rs.23,02,415.00 with interest @ 9% p.a. from the date of filing of the complaint till realization with Rs.1,00,000.00 towards mental harassment and agony and Rs.5,000.00 as costs by way of order dtd. 5/4/2019. This order is impugned before us with the prayer to set aside the impugned order and to pass such other order(s) as deemed just and necessary.