LAWS(NCD)-2008-3-27

ABHAY NEELAWARNE Vs. NEW INDIA ASSURANCE COMPANY LTD

Decided On March 26, 2008
ABHAY NEELAWARNE Appellant
V/S
NEW INDIA ASSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) BEING aggrieved and dissatisfied by the judgement and order dated 8th February, 2005 passed in Complaint No.131/2002 by the Karnataka State Consumer Disputes Redressal Commission, Complainant has preferred this appeal. The appeal was admitted vide order dated 16.5.2005 for the limited purpose of granting interest on the amount payable by the Insurance Company.

(2.) FACTS in brief are that the Appellant purchased a new Maruti Suzuki Baleno car on 29.8.2000. The vehicle met with an accident on 27.2.2001. On the basis of the Surveyor"s report, the Branch Manager of the New India Assurance Company offered a sum of Rs.6.25 lakh as full and final settlement of the claim by letter dated 9th April, 2001. Immediately on 16th April, 2001 the Complainant informed that he was willing to accept Rs.6,25,000.00 towards the settlement on total loss basis under protest. He also stated that he reserved his right to any lawful action in protecting his interests, both monetary and otherwise and recovery of the damages.

(3.) AS no reply was received, again Complainant wrote a letter on 31st May, 2001 stating that delay goes a long way in explaining lethargic and deficient services and generic harassment pattern of the concerned officers of the Insurance Co.