RINKU SHARMA Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) These two cross-Appeals by the Complainant and New India Assurance Company Limited (for short "the Insurance Company"), the sole Opposite Party in the Complaint, are directed against the order dated 5.1.2009, passed by the Delhi State Consumer Disputes Redressal Commission at New Delhi (for short "the State Commission") in Complaint Case No. C-52/2006. By the impugned order, while accepting the Complaint filed by the Complainant, alleging deficiency in service on the part of the Insurance Company in repudiating the claim made by her for indemnification of the loss, amounting to 47,63,174/- on account of the fire, which had allegedly broken out at the business premises of the Complainant on 16.5.2003, the State Commission has directed the Insurance Company to pay to the Complainant a sum of 24,68,000/- towards the actual loss assessed by the Surveyor appointed by the Insurance Company; 2,00,000/- as compensation for mental agony, harassment and other loss suffered by her and 10,000/- as cost of litigation.

(2.) Succinctly put, the material facts necessary for deciding the Appeals, are as follows:

(3.) Relying on the said report, vide its letter dated 20.04.2004, the Insurance Company repudiated the claim in entirety, on the ground that the Complainant had failed to establish the cause of fire and the supporting documents produced were found to be fabricated and hence the conditions in the policy (No. 1, 6 and 8) stood violated.