LAWS(NCD)-2008-8-55

SEHGAL KNITWEARS Vs. UNITED INDIA INSURANCE COMPANY

Decided On August 04, 2008
SEHGAL KNITWEARS Appellant
V/S
UNITED INDIA INSURANCE COMPANY Respondents

JUDGEMENT

(1.) THIS revision petition challenges the order dated 4th October 2006 of the Punjab State Consumer Disputes Redressal Commission (the State Commission) in First Appeal no. 810 of 1998, instituted on 24th August 1998.

(2.) THE impugned order of the State Commission was, in fact, passed after remand of the matter to it by this Commissions order dated 23rd May 2006 in revision petition no. 2233 of 1999. The principal ground of the remand was,. . . . . In our view if the survey report was produced on record, it was the duty of the State Commission to consider the same and appreciate the same before passing the impugned order. However, the respondent, who is appearing in person, submits that the said survey report was not produced on record. Considering the aforesaid submission, in our view, it is apparent that the matter is required to be remanded. If the survey report is produced on record, it would have its own effect. The same is required to be appreciated by the State Commission. This Commission also observed in the same order,. . . . If it is found that the survey report was not produced on record by the Insurance Company, Insurance Company would pay an additional amount of Rs. 5,000/- as costs to the complainant.

(3.) IN brief, the facts are: