SATISH KUMAR BANSAL Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order 24.12.2003 in Complaint No. 71/2002 by District Consumer Disputes Redressal Forum, Ambikapur (hereinafter called the District Forum for short), directing the respondents 1, 2 and 3 insurer jointly and severally to pay to the complainant a sum of Rs. 40,000 with interest and cost, etc.

(2.) THE impugned order has been passed in the second round of litigation. Initially the matter was decided by the District Forum by its order dated 20.7.1999. The said order was challenged in Appeal No. 1140/99 before M.P. State Consumer Disputes Redressal Commission, Bhopal (the predecessor of this Commission). The said appeal was allowed by order dated 2.1.2002. In the said appeal the contention raised on behalf of the complainant/appellant that the Fire Policy issued by the respondents 1, 2 and 3 should be treated as Fire Policy A, was accepted. It was directed in the said appeal as below: As the District Forum has not decided the entitlement of the quantum under the policy, it would be just and proper to remit the case to the District Forum for deciding the complaint afresh on the issue, whether the appellant is entitled to Rs. 3,14,550 or the amount as assessed by the Surveyor.

(3.) LEARNED Counsel for the parties were heard and record perused.