DAYARAM MEENA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) These are Cross Appeals against the impugned Order dtd. 24/1/2017 passed by the State Consumer Disputes Redressal Commission, Rajasthan directing the Insurance Company to pay to the Complainant Rs.1,00,000.00 alongwith other ancillary reliefs.

(2.) The factual background, in brief, is that the Complainant insured his 400 trolleys of Mustard Husk with a Standard Fire and Special Perils Policy from the Insurance Company for one year, from 29/6/2011 to 28/6/2012, with a sum insured of Rs.21,00,000.00 and paid Rs.12,514.00 as the premium. On 3/12/2011, the Mustard Husk caught fire, and the Complainant immediately informed Mr. Purshottam Mittal, the agent of the Insurance Company, who advised him to notify the fire brigade and Police. On 5/12/2011, the Complainant submitted an application regarding the incident at the Insurance Company's office. Despite this, no action was taken by the Insurance Company until 26/12/2011, including taking pictures of the incident site, inspecting the location, or recording statements. The Complainant then issued a Legal Notice on 26/12/2011, demanding the amount of Rs.21,00,000.00. On 30/12/2011, the Insurance Company finally contacted the Complainant and asked him to come to the incident site, where the Surveyor and other employees of the Insurance Company were also present. However, despite the survey, the claim amount was not paid. Aggrieved by the deficiency of service on the part of the Insurance Company, the Complainant filed his Complaint before the State Commission, Rajasthan.

(3.) The Ld. State Commission vide the impugned Order dtd. 24/1/2017 partially allowed the Complaint and directed the Insurance Company to pay to the Complainant Rs.1,00,000.00 with interest @ 9% p.a. from the filing of complaint till the date of realization along with Rs.10,000.00 towards mental agony. The relevant extracts of the impugned Order are set out as below -